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How creditors recover debts after divorce

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How creditors recover debts after divorce


        

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  • 2024-06-15 13:00:03

    The creditor's debt collection methods after divorce include:
    1. If the debt belongs to one of the husband and wife, he or she can directly claim the right from the debtor. If he or she refuses to repay the debt, he or she can bring a lawsuit to the court;
    2. If the debt belongs to the joint debt of the husband and wife, the creditor shall have the right to claim the rights from both the husband and the wife with respect to the joint debt of the husband and the wife and repay it with the joint property.

    Legal basis

    Article 1089 of the Civil Code of the People's Republic of China [Discharge of the joint debts of the husband and wife at the time of divorce] At the time of divorce, the joint debts of the husband and wife shall be repaid jointly. 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.

    l***

    2024-06-15 13:00:03

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