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What about debts without marriage certificate

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What about debts without marriage certificate


        

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  • 2024-06-09 22:01:32

    Debts without a marriage certificate are generally treated as ordinary debts, which are repaid by the debtor. Both men and women must go through marriage registration with the marriage registration authority before they can establish a marriage relationship. However, if two people do not go through marriage registration and live together in the name of husband and wife, debts incurred during cohabitation can be treated as joint debts.
    Legal basis:
    Article 1064 of the Civil Code of the People's Republic of China
    The debts incurred by the joint declaration of intention, such as the joint signature of both husband and wife or the subsequent ratification of one of the husband and wife, and the debts incurred by one of the husband and wife for the daily needs of the family in his own name during the existence of the marriage relationship, belong to the joint debts of husband and wife. The debts incurred by one of the husband and wife in their personal name during the existence of the marriage relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, unless the creditor can prove that the debt is used for the husband and wife's common life, production and operation, or based on the joint intention of the husband and wife.
    Article 1089 of the Civil Code of the People's Republic of China
    At the time of divorce, the husband and wife shall jointly repay their debts. If the joint property is not enough to pay off or the property belongs to each other, the two parties shall reach an agreement to pay off; If the agreement fails, the people's court shall make a judgment.

    No***

    2024-06-09 22:01:32

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