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How to divide the debt of a divorced husband

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How to divide the debt of a divorced husband


        

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  • 2024-06-17 03:00:50

    The division of the debt of the divorced man: if the debt of the man is used solely for his personal debt, and is not a joint debt of the husband and wife, it shall be paid by the man himself. If the debt of the man is the debt of the husband and the wife, or the debt used for the husband and the wife's common life, production and operation, it is recognized as the joint debt of the husband and the wife, which is generally paid by both parties.

    According to the relevant laws and regulations in China, the debts incurred by the joint declaration of intention, such as the joint signature of both spouses or the subsequent ratification of one spouse, as well as the debts incurred by one spouse in his or her personal name for the daily needs of the family during the existence of the marriage relationship, belong to the joint debts of husband and wife. The debts incurred by one of the husband and wife in their personal name during the existence of the marriage relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, unless the creditor can prove that the debt is used for the husband and wife's common life, production and operation, or based on the joint intention of the husband and wife. Article 1089 At the time of divorce, the husband and wife shall jointly repay their debts. If the joint property is not enough to pay off or the property belongs to each other, the two parties shall reach an agreement to pay off; If the agreement fails, the people's court shall make a judgment.

    Legal basis

    Article 1064 [Joint debt of husband and wife] of the Civil Code of the People's Republic of China [Joint debt of husband and wife] The debts incurred by the joint declaration of intention, such as the joint signature of both the husband and wife or the subsequent ratification of one of the husband and wife, and the debts incurred by one of the husband and wife in their personal name for the daily life needs of the family during the marriage relationship, belong to joint debt of husband and wife.
    The debts incurred by one of the husband and wife in their personal name during the existence of the marriage relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, unless the creditor can prove that the debt is used for the husband and wife's common life, production and operation, or based on the joint intention of the husband and wife.

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