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How to deal with debts when parents divorce?
First, how to deal with the debts when parents divorce "Marriage Law" stipulates that at the time of divorce, the debts originally borne by the husband and wife living together shall be paid off jointly by the husband and wife. If the joint property is insufficient to pay off, or if the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment. When the amount of the joint debt of husband and wife is greater than the value of the joint property of husband and wife, that is, the joint property of husband and wife is not enough to pay off the joint debt, the people's court shall solicit the opinions of both husband and wife and consider their solvency. Under the premise of legality and voluntariness, an agreement that allows both husband and wife to jointly pay off debts can be fully undertaken by one party or jointly undertaken by both armies. When the two parties cannot reach an agreement on the joint debt, the people's court shall make a judgment according to the actual situation of the case. However, it is stipulated that when the husband and wife cannot reach an agreement on debt settlement, the court will make a judgment. When the creditor has no creditor's rights, the court will take the initiative to try the settlement of the husband and wife's personal debts, and even divide the joint debts into several debts. How does the validity of this judgment bind the creditors of non-divorce cases? However, the judgment is not a legal act between the parties, but a judicial act of the state judicial organs. In principle, it is obviously inseparable that the effect of an effective judgment is not applicable. It applies not only to both parties, but also to the third party, and has an impact on the whole world. Second, how to define what belongs to joint debt (1). In daily life, the debts incurred for common life mainly include: debts incurred for purchasing common daily necessities; Debts arising from the purchase, decoration and cohabitation of houses; Debts incurred by one or both spouses for paying medical expenses for treating diseases; Responsibilities arising from cultural, educational, recreational and sports activities agreed by both parties; If the property such as housing purchased by one party with a pre-marital loan has been converted into the joint property of husband and wife, the debts incurred due to the purchase of the property; And other debts that should be shared by both parties in daily life. (2) Determination of debts arising from the joint operation of husband and wife. Debts arising from the joint operation of husband and wife include debts arising from industrial and commercial or rural contracted operations, debts arising from the purchase of means of production, debts arising from joint investment or other financial activities, and taxes owed in these production and operation activities. The joint operation here includes the joint investment, production and business activities of both husband and wife, as well as the situation where one of the husband and wife is engaged in production and business activities but the benefits are shared by the family. Article 43 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of People's Republic of China (PRC) (for Trial Implementation) stipulates: "During the existence of the relationship between husband and wife, one party is engaged in self-employed or contracted business, and his income is the joint property of the husband and wife, and his debts should also be paid off with the joint property of the husband and wife." It can be seen that the debts incurred by one party in its own name in overseas business activities should also be recognized as joint debts of husband and wife because its business income has been converted into joint property of husband and wife or used for their common life. The debt arising from joint operation is due to the insufficient joint operation expenses of husband and wife. Therefore, no matter who borrowed the debt at first and in whose name, as long as the debt is caused by the joint operation of husband and wife, the joint debt of husband and wife should be repaid together, only asking about the purpose, not asking about the form. (three) the determination of debts arising from the performance of the obligations of support and maintenance. According to the marriage law of our country, parents have the obligation to raise and educate their children. Children have the obligation to support and assist their parents. Minors or children who cannot live independently have the right to ask their parents to pay alimony when their parents fail to perform their alimony obligations. Parents who are unable to work or have difficulties in living have the right to ask their children to pay alimony when they fail to fulfill their alimony obligations. Grandparents with financial means have the obligation to support their minor grandchildren whose parents have died or whose parents are unable to support them. Grandchildren and grandchildren who can afford it have the obligation to support their grandparents whose children are dead or unable to support them. Brothers and sisters who have the financial ability have the obligation to support minor brothers and sisters whose parents are dead or unable to support them. Brothers and sisters who have the ability to be raised by brothers and sisters have the obligation to raise brothers and sisters who lack the ability to work and the source of life. Raising children and supporting parents are the obligations of parents and children. Under certain circumstances, grandparents, grandparents and grandchildren have the obligation to support each other, and brothers and sisters have the obligation to support each other. Husband and wife owe debts for fulfilling their legal obligations of support, maintenance and maintenance, such as paying living expenses, medical expenses and education fees for relatives who have to support, support and support. This kind of debt is formed by fulfilling legal obligations, so it belongs to the joint debt of husband and wife and should be shared by husband and wife. (4) Determination of joint debt after divorce. At the time of divorce, the husband and wife did not deal with the debts arising during the existence of the husband-wife relationship, or the debts arising from the original property disposal and child support after divorce formed joint debts after divorce. Details are as follows: 1. At the time of divorce, the two parties failed to deal with the debts jointly generated during the marriage relationship, and the creditors claimed their rights after divorce; 2. Although the divorce agreement between husband and wife or the judgment, ruling or conciliation statement of the people's court has dealt with the division of husband and wife's property, after the divorce, the creditor claims rights from both men and women on the joint debt of husband and wife; 3. Expenses that must be paid for dividing the original husband and wife's common property after divorce, such as joint entrustment assessment fee, appraisal fee, transfer fees and other property handling fees; 4. Debts arising from raising children or exercising custody of children, and minor children infringe upon the rights and interests of others. Article 158 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of People's Republic of China (PRC) (for Trial Implementation) stipulates: "After a husband and wife divorce, if a minor child infringes on the rights and interests of others, the party who lives with the child shall bear civil liability; If it is indeed difficult to bear civil liability independently, the party who does not live with the children may be ordered to bear civil liability together. " In the case of parents' divorce, it is necessary to deal with the problem of raising minor children. If there is joint debt between husband and wife, it is also necessary to deal with it at this time. According to the provisions of the Marriage Law, joint debts are paid off together. Repayment is negotiated by divorced couples. If negotiation fails, you can bring a lawsuit in court and make a judgment.