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How to deal with unilateral debt divorce

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How to deal with unilateral debt divorce


        

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  • 2024-06-22 14:01:45

    At the time of divorce, the debts incurred by the husband and wife in their common life shall be repaid jointly. If the joint property is not enough to pay off, or if the property belongs to each other, the two parties shall reach an agreement on payment, and the people's court shall make a judgment.
    Interpretation of the Supreme People's Court on Issues Related to the Application of Law in the Trial of Cases Involving Debts between Husband and Wife
    Article 1 The debts incurred by the joint declaration of intention, such as the joint signature of both husband and wife or the subsequent ratification by one of the husband and wife, shall be recognized as 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.

    Jia***

    2024-06-22 14:01:45

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