There are many related affairs to be handled in the divorce procedure, such as children, debts, property, etc. A lot of things can't be handled well. After divorce, there will be a lot of unnecessary trouble. How to deal with the gambling debt and divorce debt that the husband owes?
According to the provisions of the Marriage Law, the debt owed by gambling does not belong to the debt of the husband and wife due to their common life needs, but belongs to the personal debt of one of the husband and wife. After divorce, one of the husband and wife should repay it. At the same time, attention should be paid to collecting one in time.
According to the provisions of the Marriage Law of China and its judicial interpretation, "At the time of divorce, the debts originally borne by the husband and wife in their common life shall be repaid jointly. If the joint property is insufficient to pay off, or the property belongs to their own, and the agreement on settlement by agreement between the two parties fails, the people's court shall make a judgment." That is to say, if the husband and wife have joint debts, they shall pay them together. If at the time of divorce, no consensus on the division of the husband and wife's debts can be reached, the court may be requested to make a judgment on the division.
Article 17 of the Supreme People's Court's Several Specific Opinions on the People's Court's Handling of Divorce Cases on the Division of Property: The debts incurred by the husband and wife to live together or to fulfill their obligations of maintenance and support shall be recognized as joint debts of the husband and wife, and shall be paid off with their joint property at the time of divorce. The following debts cannot be recognized as joint debts of husband and wife, and shall be paid off by one party with personal property:
1. The husband and wife agree that the debts shall be borne by themselves, except for the purpose of avoiding debts;
2. One party, without the consent of the other party, subsidizes the debts of its relatives and friends who have no obligation to support them;
3. One party, without the consent of the other party, raises funds independently to engage in business activities, and its income is really not used for the debts incurred by the common life;
4. Other debts that should be undertaken by individuals.
