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How to stipulate the repayment ratio of joint debts after divorce

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How to stipulate the repayment ratio of joint debts after divorce


        

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  • 2024-06-05 06:01:40

    The settlement ratio of the joint debt after divorce can be determined by both the husband and wife through consultation. If no consensus can be reached, it can be decided by the court, which is generally half for one person. However, both parties' negotiation and the court's judgment are internal. The bona fide creditor can claim the creditor's rights of the joint debt from either of the spouses, and one party can recover from the other party according to the agreement or the court's judgment after assuming all the debts.

    [Legal Basis]

    Article 1089 of the Civil Code states that at the time of divorce, the husband and wife shall jointly repay their joint 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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