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How to correctly distinguish the joint debt and personal debt of husband and wife

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How to correctly distinguish the joint debt and personal debt of husband and wife


        

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  • 2024-06-23 22:00:48

    To distinguish whether the debt during the existence of the marriage relationship belongs to the husband and wife's personal debt or the husband and wife's joint debt, the judgment standard is generally whether the husband and wife agree to jointly raise debt and whether they have the interests of sharing debt. If the husband and wife agree to jointly raise debt, the debt should be regarded as joint debt regardless of whether the benefits brought by the debt are shared by the husband and wife. Relevant contents are as follows:
    1. Article 41 of the Marriage Law: At the time of divorce, the debts originally borne by the husband and wife for their common life shall be repaid jointly. If the joint property is insufficient to pay off, or the property belongs to each other, both parties shall agree to pay off; If the agreement fails, the people's court shall make a judgment.
    2. The third paragraph of Article 19 of the Marriage Law: If the husband and wife agree that the property acquired during the marriage relationship shall belong to each other, the debts of the husband or wife shall be paid off with the property owned by the husband or wife if the third person knows the agreement.
    3. Article 17 of the Several Specific Opinions on the People's Court's Handling of Property Division Issues in the Trial of Divorce Cases issued by the Supreme Court stipulates that: "The debts incurred by a husband and wife for living together or fulfilling their maintenance obligations shall be recognized as joint debts of the husband and wife, and shall be paid off with the husband and wife's joint property at the time of divorce."
    4. Personal debt includes the following:
    1、 Premarital debt of one or both spouses
    2、 Liabilities agreed to be borne by individuals within marriage
    3、 Debts incurred by one of the spouses in business activities with personal property
    4、 Liabilities incurred by one spouse due to tort or criminal acts
    5、 Debts incurred by one spouse who provides guarantee for others with his or her personal property or without authorization with his or her joint property
    6、 Liabilities incurred by one spouse due to bad habits or illegal behaviors

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