Enquiring knowledgeable people Inquisitive education Hospital Treasury

How to Deal with Divorce Debts

home page

How to Deal with Divorce Debts


        

Submit answer
Favorable reply
  • 2024-06-26 00:01:41

    To put it simply, the debtor of the family's joint debt is not limited to the couple. For example, some families have four generations in the same house and more than ten members. If the owner and the housewife of the family have a divorce lawsuit, it is obvious that it is necessary to distinguish who is responsible for the external debt, whether it is for the needs of the couple's common life, or a family member's debt for personal life needs. As for the distinction between the joint debts of husband and wife, according to the judicial interpretation of the Supreme Court, "the debts incurred by husband and wife for living together or for fulfilling their obligations of maintenance and support shall be recognized as joint debts of husband and wife, and shall be paid off with their joint property at the time of divorce."
    2、 The supplement of relevant knowledge shall be paid off by one party with personal property:
    (1) The debts that the husband and wife agree to bear by themselves, except for the purpose of evading debts.
    (2) Without the consent of the other party, one party subsidizes the debts of its relatives and friends who have no obligation to support them.
    (3) Without the consent of the other party, one party raises funds to engage in business activities alone, and its income is not used for the debts incurred by the common life.
    (4) Other debts that should be borne by individuals. Relevant knowledge: The latest judicial interpretation of marital debts Article 1 The debts incurred by the joint declaration of intention, such as the joint signature of both spouses or the subsequent ratification of one spouse, shall be recognized as the joint debts of husband and wife. Article 2 The people's court shall support the creditor's claim for the rights of one of the husband and wife who, during the existence of the marriage relationship, bears the debts in the name of an individual for the needs of daily life of the family, and claims the rights on the ground that they are joint debts of the husband and wife. Article 3 The people's court shall not support a creditor who claims his or her rights on the ground that he or she is a joint debt of the husband and wife when one of the husband and wife owes debts in his or her own name that exceed the needs of the daily life of the family during the existence of the marriage relationship, except that the creditor can prove that the debt is used for the joint life, production and operation of the husband and wife, or based on the joint intention of the husband and wife. Of course, in the actual litigation, how to determine who will share the debt is determined through a rather specific analysis and trial. The author once acted as an agent in a divorce case. When dividing the joint property of husband and wife, the defendant claimed to have borrowed 100000 yuan from foreign countries, and two witnesses appeared in court to testify. It should be said that this situation is quite unfavorable to the plaintiff. However, when the plaintiff questioned the witness, the two witnesses' statements about the debt were inconsistent. One said that the debt was cash paid in the bank, and there were three witnesses and the defendant present at that time; The other said that the defendant who gave the passbook went to withdraw the money by himself. When the passbook was given, three people, that is, two witnesses, were present with the defendant. When the defendant went to the bank to withdraw the money, three people did not go together. Under the further inquiry of the judge, the testimony of the two witnesses was quite different.

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):