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How to identify personal debts after divorce

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How to identify personal debts after divorce


        

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  • 2024-06-25 05:00:57

    The situations identified as personal debts include:
    1. Premarital debt of one or both spouses. Personal debts before marriage are still personal debts before marriage, even if such debts occur after marriage due to the exercise of revocation or the recognition of unauthorized agency or the achievement of the attached stopping conditions.
    2. A debt agreed to be borne by an individual within marriage. The joint debts incurred by the husband and wife due to their common life during the duration of the marriage relationship may also be agreed as personal debts.
    3. The debts incurred by one of the husband and wife in their business activities with their personal property.
    4. The debts incurred by one party of the husband and wife to engage in business activities by using the joint property of the husband and wife without authorization. During the marriage, one party engaged in business activities with the joint property of the husband and wife, and the other party did not know about it and did not ratify it afterwards. The debt incurred from this business activity is one party's personal debt.
    5. Debts incurred by one spouse due to bad habits or illegal behaviors. This kind of situation is mostly manifested in the debts that one of the spouses bears to the outside world due to gambling, rampant prostitution, drug abuse and other bad habits or illegal acts.
    Except that one of the husband and wife can prove that the creditor and debtor have clearly agreed that they are personal debts, or can prove that they fall under the circumstances specified in Paragraph 3 of Article 19 of the Marriage Law.

    Hua***

    2024-06-25 05:00:57

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