Debt in marriage

According to the relevant laws and regulations of our country, if the other party in the marriage owes the debt to the other party without knowing it, it is necessary to jointly repay the debt. The key is to determine whether the debt is shared by the husband and wife. If the debt is used for family life, it must be repaid together.

Article 1 The debts jointly expressed by the spouse or the spouse s subsequent ratification shall be recognized as the spouse s common debt.

Article 2 The people s court shall support the debts that a spouse bears in the name of an individual for the daily needs of the family during the existence of the marriage relationship.

Article 3 During the existence of the marriage relationship, the spouse s personal debt exceeds the family s daily needs. If the creditor claims the right as a common debt of the husband and wife, the people s court will not support it, but the creditor can prove that the debt is used for the spouse Exceptions are common living, common production and management, or expressions based on the common intention of both spouses.

In order to avoid the common debt of the husband and wife, both husband and wife can go to a notary office to sign a separate agreement on the property of the husband and wife, and the notary office will issue a notary certificate.

For details of notarization, you need to provide materials and consult your local notary office. It is recommended to apply as soon as possible. If it is not notarized, it is only valid for the two of you and cannot be opposed to the third person . That is to say, the agreement is not notarized and the debt is still a common debt.

In the enforcement procedure, there is no dispute over the direct implementation of the common property of the husband and wife if the legal documents directly determine that both husband and wife will jointly repay the debts. If the legal document determines that one spouse is the subject of obligation, whether the spouse s common property can be regarded as the executed property, or whether the other party has the obligation to perform. Although the current law does not explicitly stipulate it, It is also common practice to directly execute the common property of the couple.

Leave a Reply

Your email address will not be published. Required fields are marked *