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How to prove the personal debt of husband and wife

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How to prove the personal debt of husband and wife


        

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  • 2024-06-21 20:00:01

    First of all, it is necessary to prove that there is no intention of husband and wife to borrow money together:
    (1) Only the signature of the husband and wife on the IOU
    (2) The husband and wife have a similar agreement that "they are responsible for the external borrowing and have nothing to do with the other party".
    Secondly, it is proved that the loan is not used for family life:
    (1) The husband and wife have high income, so they do not need to borrow money to maintain their family's daily life. They also do not make large investments during the marriage. The purpose of borrowing large amounts is obviously a debt beyond the scope of daily life needs.
    (2) Judging from the fact that the borrower has been punished by the public security organ for gambling for many times, the huge loan is used for personal gambling, and the debt owed is not used for husband and wife living together.
    In fact, although there are clear provisions in the law on the confirmation of husband and wife's creditor's rights and debts, there are still difficulties in providing evidence and obtaining evidence for debts in judicial practice. Therefore, if there are difficulties in obtaining evidence, please consult a lawyer for help in time.
    Article 19 of the Marriage Law of the People's Republic of China
    The husband and wife may agree that the property acquired during the marriage relationship and the premarital property shall belong to their own ownership, joint ownership, or part of their own ownership, part of their joint ownership. The agreement shall be in writing. In the absence of an agreement or unclear agreement, the provisions of Articles 17 and 18 of this Law shall apply.
    The agreement between husband and wife on the property acquired during the period of marriage and the property before marriage shall be binding on both parties.
    If the husband and wife agree that the property acquired during the marriage relationship shall belong to each other, and the debts of the husband or wife to the outside world are known to the third party, the property owned by the husband or wife shall be used to pay off.

    Wu***

    2024-06-21 20:00:01

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