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Affirmation and Solution of Couple's Creditor's Rights and Debts

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Affirmation and Solution of Couple's Creditor's Rights and Debts


        

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  • 2024-06-24 04:00:04

    Recognition and treatment of husband and wife's creditor's rights and debts: During the duration of the husband and wife relationship, the debts formed by both husband and wife, or the debts incurred by one party for the common life, production and operation of both parties, and for the performance of the obligations of upbringing and maintenance, belong to the joint debts of both husband and wife, and shall be jointly borne. The debts owed by one spouse can be proved to be his or her own, such as gambling debts, which should be borne by him or her.
    According to 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.

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