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What to do with debts after divorce

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What to do with debts after divorce


        

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  • 2024-06-09 22:00:47

    After divorce, the principle of debt division is as follows: (1) Joint debt: the debt originally borne by the husband and wife living together shall be repaid with common property. If the property is not enough to pay off, the two parties shall reach an agreement to pay off. If the agreement fails, the people's court shall make a judgment. (2) Personal debts: the personal debts of the male and female before marriage and the debts of the male and female after marriage that have nothing to do with the common life shall be paid off by themselves. The debts that shall be paid off by individuals according to the agreement of both parties shall be paid by themselves.
    The debts of the husband and wife due to their common life, including the debts of supporting their children and the elderly, shall be paid off with the common property of both parties. Unless otherwise agreed, the debts of individual businesses and rural contract operators, if incurred by one party during the marriage relationship, shall be regarded as joint debts.
    Generally speaking, the joint debt of husband and wife refers to the debt caused by the business activities of both or one of the husband and wife for the purpose of maintaining a common life or for the purpose of living together during the marriage relationship.
    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.

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