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How to deal with debt disputes after divorce

Time: June 10, 2024 label: Creditor's rights and debts Conjugal debt Reading: 1254 people

Lawyer's analysis:

divorce after Debt dispute The way to deal with it is: when divorce, it was the responsibility of the husband and wife debt Shall be jointly repaid. common property If it is not enough to pay off, or if the property belongs to each other, both parties shall agree to pay off; If the agreement fails, the people's court shall make a judgment.

Legal basis:

Article 1064 of the Civil Code, 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 in the name of an individual for the daily needs of the family 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.

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Lawyers' answers

ask How to deal with personal debts during separation

1、 During the period of separation, the disposal of their respective property shall be independently exercised by each party. The property obtained by both husband and wife is in a separate state. Both parties have no economic relations with each other, and one party's debt shall be personal debt. 2、 Although the husband and wife separated due to the deterioration of their relationship, they ended up with each other because of the existence of marital relationship

Lawyer Liu Shuang

ask How to write a receipt for husband and wife to borrow money

The couple's IOU for borrowing money is similar to the IOU written at ordinary times, indicating the borrower, the reason for borrowing, the amount of borrowing, the purpose of borrowing, the repayment date, the amount of interest (please note that it should not exceed four times the bank interest, otherwise it is not protected by law), and how to compensate if it cannot be returned when due. Most

Lawyer Liu Shuang

ask How to deal with the joint claims and debts of divorced couples

The joint claims and debts of husband and wife are generally handled through consultation. If consultation fails, they can sue the court for judgment. In terms of creditor's rights, the court will find out whether there are creditor's rights and whether the creditor's rights belong to one party or both parties. If it is unclear, the court will take care of the rights and interests of the woman and children according to the specific conditions of the property

Lawyer Liu Shuang

Latest high-quality answers

Selected pictures and texts Pufa video Voice Answers

How to deal with credit card arrears after divorce

Lawyer Wu Wanjun

The disposal of credit card arrears after divorce depends on whether it is personal debt or joint debt. The arrears used for household daily expenses are joint debts, which shall be paid by both parties. Debts that can be proved to be used for personal consumption, gambling, etc. and that the other party is not aware of are personal debts, which shall be borne by the debtor alone.

Views: one thousand three hundred and thirty-one 2024-09-21
How to calculate the joint debts of divorced couples

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After divorce, the debts generated for daily or joint production and operation of the family during the marriage still need to be shared, such as house purchase loans and business arrears. However, if one party can prove that the debt is not used for common life or business, or without the consent of both parties, it may be judged as personal debt.

Views: one thousand one hundred and eighty-two 2024-09-21
What to do if the wife doesn't repay the joint debt after divorce

Lawyer Li Chao

If the wife refuses to repay the joint debt after divorce, it shall be determined whether it is joint debt. If it is determined that it is, the man can communicate with his ex-wife, and if not, he will sue the court. The court makes a judgment based on the evidence and facts. If the woman does not return it, the court can enforce it, such as freezing the account, sealing up the property, etc.

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What are the separate debts of husband and wife

Lawyer Jiang Yuanbo

The separate debts of husband and wife include: the debts of men and women before marriage; Debts agreed by both parties to be borne by individuals, except for the purpose of avoiding debts; One party, without the consent of the other party, subsidizes the debts of its relatives and friends who have no obligation to support them; Without the consent of the other party, one party raises funds to engage in economic activities alone, and its income is not actually used for the debts incurred by the common life, etc.

Play volume: seven hundred and eighty-five 2022-06-07
How to divide the debts during the marriage in divorce

Lawyer Xu Wei

If it is the debt 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; Debts incurred for the common life of the family; The debts incurred by the joint production and business activities belong to the joint debts of husband and wife. The debts of one party before marriage, and the debts of one party that exceed the daily life needs of the family in his own name during the marriage relationship are personal debts.

Play volume: one thousand one hundred and twenty-two 2022-06-07
What conditions need to be met for debt transfer

Lawyer Xie Junsheng

1. The transfer of debt must be an effective debt, and the effective existence of debt is the premise of debt undertaking. 2. The transferred debt in the debt transfer is transferable, and the debt that is not transferable cannot become the subject of the debt transfer contract. 3. The third party involved in the assignment of debt must reach an agreement with the creditor or debtor on the assignment of debt. 4. The assignment of debt shall be subject to the consent of the creditor.

Play volume: one thousand four hundred and thirteen 2022-06-07

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What to do if the husband guarantees to be sued

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The debt formed by the husband's guarantee belongs to the joint debt of the husband and wife, and the wife also has the obligation to repay

Listening volume: six hundred and thirty-eight 2020-01-13
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How to deal with divorce with bank loan

Sheng Xinyin

The marital property shall be agreed by both parties. If the agreement fails, the court shall make a judgment according to the actual situation

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Can we repay the mortgage together after divorce

Sheng Xinyin

As long as both parties reach an agreement through consultation, the marital status of both parties and the

Listening volume: five hundred and two 2019-07-16

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Referral lawyer

Lawyer Liu Shuang

Sichuan Guozhu Law Firm

Liu Shuang, a full-time lawyer, served as the legal adviser of a community in Wenjiang District in 2018 and was rated as an advanced individual by the Judicial Bureau; In 2021, he won the title of Chengdu Legal Aid Advanced Individual of Chengdu Municipal Bureau of Justice; From May 2020 to May 2022, he served as a specially invited mediator of a district people's court in Chengdu. During his practice, he presided over mediation and represented a large number of civil and commercial legal litigation cases and non litigation cases, including construction contract disputes, creditor's rights and debt disputes, equity disputes, corporate legal advisers, etc. Lawyer Liu provides special legal knowledge training for all units. Lawyer Liu Shuang always believes that cases can be difficult or easy, but there is no difference between big and small cases. For each case, we will do our best to safeguard the legitimate rights and interests of the parties with a sense of responsibility, professionalism and enthusiasm.

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