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Can the couple's debts be separated in divorce

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Can the couple's debts be separated in divorce


        

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  • 2024-06-02 05:01:37

    In general, the divorce debt of husband and wife cannot be divided, but it should be determined who should bear the responsibility for repayment.

    For example, the joint debts of husband and wife should be repaid with the common property. If the common property is insufficient to pay off or the property belongs to each other, the two parties should agree to pay off. If the agreement fails, the people's court should make a judgment. Individual debts shall be paid by the debtor himself.

    [Legal Basis]

    According to Article 1064 of the Civil Code, 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 in their personal name for the needs of daily family life during the existence of the marriage relationship, belong to the common debts of the 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.

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