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How to divide the joint debts in divorce

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How to divide the joint debts in divorce


        

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  • 2024-06-21 07:00:49

    1. According to the law of our country, the debts incurred by the husband and wife for living together or for fulfilling their upbringing should be recognized as joint debts of the husband and wife, and should be paid off with joint debts at the time of divorce. If a person claims rights to the debts incurred by one of the husband and wife in his or her own name during the existence of the marriage relationship, it should be treated as personal debts. The following debts cannot be recognized as joint debts of husband and wife, and shall be paid off by one party with personal property:
    (1) The debts that the husband and wife agree to bear by themselves, except for the purpose of evading debts.
    (2) Without the consent of the other party, one party subsidizes the debts of relatives and friends that it does not have.
    (3) Without the consent of the other party, one party raises funds to engage in business activities alone, and its income is not used for the debts incurred by the common life.
    (4) Other debts that should be borne by individuals. If the property such as the house purchased by one party with the loan before marriage has been converted into the joint property of the husband and wife, the debt incurred by the loan for the purchase of property shall be deemed as the joint debt of the husband and wife.
    2. Who should bear this debt must first judge the nature of this debt. This debt is a debt owed by the husband and wife to fulfill their obligations to support their children during their joint life, so it belongs to the joint debt of the husband and wife and should be repaid by the joint property of the husband and wife.

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