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How to divide the joint debts of divorced couples

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How to divide the joint debts of divorced couples


        

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  • 2024-06-24 06:00:04

    If the common property of both parties is sufficient to pay off the joint debt, the common property shall be used to pay off the joint debt, and the remaining property shall be equally distributed between both parties; If the joint property is not enough to pay off the joint debts, the two parties shall reach an agreement to pay off. If the agreement fails, the court shall make a judgment; In the absence of common property, the debts shall be settled by both parties through agreement. If the agreement fails, the court shall still make a judgment.
    The joint debt of husband and wife refers to the debt incurred to meet the needs of their common life. The joint debt of husband and wife is mainly based on the needs of the joint life of husband and wife families, as well as the debt generated from the management, use, income and disposal of common property.
    According to Article 41 of the Marriage Law, at the time of divorce, the debts originally borne by the husband and wife should be paid together. 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.

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