When the couple divorce, it will involve the division of their common property, not only the fixed assets but also the creditor's rights and debts. The law clearly stipulates the amount of money lent. The Several Specific Opinions of the Supreme People's Court on the People's Court's Handling of Divorce Cases and the Division of Property stipulates that the creditor's rights obtained by one or both parties during the duration of the marital relationship are the joint property of the husband and wife. The creditor's right is the civil right to request others to act for a certain act, and the creditor's right during the duration of the marital relationship is the joint creditor's right of the husband and wife.
So how to deal with this part of joint claims after divorce?
According to Article 31 of the Marriage Law, at the time of divorce, the joint property of the husband and wife shall be handled by both parties through agreement; If no agreement can be reached, the people's court shall make a judgment based on the specific conditions of the property and the principle of taking into account the rights and interests of the wife and children. This is the provision on the division of the joint property of the husband and wife at the time of divorce, and also applies to the division of the joint claims of the husband and wife.
Legal basis:
Several Specific Opinions of the Supreme People's Court on the People's Court's Handling of Divorce Cases and Property Division
2. The property obtained by both husband and wife during the duration of their marriage relationship is the joint property of the husband and wife, including:
(1) Income from labor and property purchased by one or both parties;
(2) Property inherited or donated by one or both parties;
(3) Economic benefits obtained by one or both parties through intellectual property rights;
(4) Income from contracting, leasing and other production and business activities of one or both parties;
(5) Creditor's rights obtained by one or both parties;
(6) Other lawful income of one party or both parties;
Article 31 of the Marriage Law of the People's Republic of China
At the time of divorce, the joint property of the husband and wife shall be handled by both parties through agreement; If no agreement is reached, the people's court shall make a judgment based on the specific conditions of the property and the principle of taking into account the rights and interests of the wife and children.
