Enquiring knowledgeable people Inquisitive education Hospital Treasury

How to divide debts in divorce

home page

How to divide debts in divorce


        

Submit answer
Favorable reply
  • 2024-06-04 23:00:55

    At the time of divorce, personal debts shall be repaid by individuals; The husband and wife shall jointly repay their joint debts. If the joint property is insufficient 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. The following debts are joint debts of husband and wife:
    1. The debts incurred by the joint declaration of intention, such as the joint signature of the husband and wife or the subsequent ratification of one of the husband and wife.
    2. The debts borne by one of the husband and wife for the daily life needs of the family in their personal name during the marriage relationship.
    3. The debts that one of the husband and wife bears in his or her personal name during the existence of the marriage relationship in excess of the daily needs of the family, but the creditor can prove that the debts are used for joint production and operation.

    [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.

    Who***

    2024-06-04 23:00:55

  • other Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):