The wife's credit card account owed 6,543,800 yuan, and the husband asked for a divorce. I would like to ask whether this kind of marital joint debt is a joint debt, even after divorce.
The Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II)
Article 25
If the divorce agreement of the parties or the judgment, ruling or conciliation statement of the people's court has dealt with the division of husband and wife's property, the creditor still has the right to claim rights from both men and women for the joint debt of husband and wife.
If one party claims compensation from the other party based on the divorce agreement or the legal documents of the people's court after assuming joint and several liabilities, the people's court shall support it.
Is the credit card debt handled by the husband's marriage certificate a joint debt? It's a joint debt, unless there is evidence that the money is not for family use.
Whether the debt compensation caused by the husband's crime is the debt caused by the husband's criminal crime, and if the crime proceeds are not used for family expenses, it is not a joint debt of husband and wife.
Is the house loan a joint debt after marriage? Where a creditor claims rights for debts incurred by one spouse in his own name during the marriage relationship, it shall be treated as joint debts of husband and wife in principle.
Whether the debts borrowed by one party at the time of division are joint and several debts is not joint and several debts. But it turns out that this is not the price of cohabitation.
If there is no divorce procedure, even if they are separated, one party should bear the obligation to jointly repay the medical expenses.
The man has credit card and loan arrears. Is it a joint debt of husband and wife after divorce? If both of them owe after marriage, it is a joint debt. Divorce cannot exempt the woman from her responsibilities, but it should be paid together.
How to effectively prove that the debts of one party during marriage are not joint debts? Article 19 of the Marriage Law stipulates that the property acquired by husband and wife during the marriage relationship belongs to each other, and if a third party knows the agreement, it will be paid off with the property owned by husband and wife.
Paragraph 2 of Article 10 of the Judicial Interpretation of the Supreme People's Court on the Application of Marriage Law stipulates that the husband and wife should make important decisions on the joint property of the husband and wife, except for the needs of daily life, and they should reach an agreement through equal consultation. Others have reason to believe that it is the common will of both husband and wife, and the other party may not oppose a bona fide third party on the grounds of disagreement or ignorance.
According to Gao Fa, Article 24 of Judicial Interpretation of Marriage Law (II) stipulates that during the marriage relationship, if the creditor claims the debt incurred by one spouse in his own name, it shall be treated as the joint debt of the husband and wife. However, unless one of the spouses can prove that the creditor and the debtor clearly agreed to be personal debts, or can prove that it belongs to the circumstances stipulated in the third paragraph of Article 19 of the Marriage Law.
I opened a shop and borrowed 80 thousand from my mother-in-law. I owe you an iou. Is this a joint debt between my husband and me? Borrowing money is for opening a shop, so is the profit from opening a shop for family use? Your shop should not be a corporate enterprise, but an individual industrial and commercial household.
If it is a legal person enterprise, the money borrowed in the name of the enterprise should be returned with all the assets of the legal person.
It's all husband and wife's joint debts at once
1. Debts arising from daily life; 2. Debts arising from production and business activities; 3. Debts arising from the treatment of diseases by one or both spouses; 4. debts arising from raising children; 5. Liabilities with maintenance obligations arising from supporting the elderly; 6. Other debts that should be recognized as joint debts of husband and wife.