At the time of divorce, the debts originally held by the husband and wife together shall be settled together. The so-called debts of the husband and wife living together refers to the debts that both husbands and wives have for living together, fulfilling their maintenance obligations, and for production and management during the existence of the marriage relationship.
Article 41 of the Marriage Law clearly states: During the divorce, the debts originally shared by the husband and wife shall be repaid together. That is to say, the joint debts of the husband and wife are statutory joint debts. In terms of external effects (creditors rights), the creditors For one or both spouses, they can request all or part of the payment at the same time or one after the other, and the joint debts of the spouses are not eliminated by the divorce of the spouses, except for the settlement or debt relief or joint relief. Therefore, the effectiveness of joint debt settlement at the time of divorce must be clarified to protect the legitimate rights and interests of creditors.
The key depends on whether the borrowed money is used for the common life or production and management of both parties. If the borrowing party used it on its own, the other party did not know about it or did not approve it, and the other party did not benefit or benefit from the borrowing in the later period. That is not a common debt, which is also called personal debt.
For example, one party loaned its own pro-wealth debt for marriage, in addition to paying for itself, it also borrowed a portion of the money to the old family members or close relatives to build a house or buy a house, and borrowed money to open a company. The other party did not agree after the event. Debts that enjoy the company s profits, and debts owed by private loans to usury, are personal debts.
2. Before the marriage, one or both parties borrow money to buy a house. If the final house is treated as common property, the court will be based on the principle of fairness. Even if the other party does not approve the loan before marriage , the court will determine that the loan before the marriage is a joint debt;
Common debts of husband and wife for divorce need to bear. At the time of divorce, the debts originally held by the husband and wife together shall be settled together. If you don t know much about the content of marriage disputes, you can find a professional lawyer to help you understand.