Ms. Liu, a citizen of Urumqi: My husband and I have been in love for 3 years, married for 4 years, and have no children. Recently, we often quarrel over trivial matters. I want to divorce. When we got married, we bought a house and a car, and both parents gave us some money. My husband and I have our own small businesses. Debt and creditor's rights arise before marriage and after marriage. If the property division cannot reach an agreement, can the marriage be divorced?
Guo Qujiang, a member of the Shiliuyun legal gang and a lawyer from Beijing Yingke (Urumqi) Law Firm: If the couple negotiates a divorce, their respective creditor's rights and debts before marriage are personal creditor's rights and debts before marriage, and they shall be borne by each other.
The debts incurred after marriage shall be divided into joint debts of the husband and wife or individual debts. If they are joint debts of the husband and wife, they shall be paid off by the joint property of the husband and wife. If the joint property of the husband and wife is not enough to pay off, the two parties may negotiate. If the negotiation fails, the people's court shall make a judgment; In case of personal debts, the debtor shall bear them with his personal assets.
If the income from business operations of your husband and you occurred during the marriage relationship, it should be divided as the joint property of the husband and wife, and the part contributed by parents of both parties before marriage. Generally, it may be regarded as a personal gift to their children. The part contributed by parents after marriage should be divided as a gift to both husband and wife or to one of their children. If you and your husband cannot reach an agreement, you can go to the court to sue for divorce.
What I want to say is that no matter how complicated the property division is, it can be solved through legal means, and more important than that is your marriage. It is not easy to get married. It is not recommended that you divorce for trivial matters. I hope you will cherish your feelings, family and think carefully. (sorted out by Sui Yunyan, reporter of Tianshan.com Xinjiang Daily)
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