How to judge if a spouse has a common debt

Husband and wife joint debt refers to the debts that are maintained in order to maintain the husband and wife s common life, business activities, or to perform maintenance, etc. Common debts include: debts for the common daily needs of husband and wife; debts for common production; debts for the maintenance of children; debts of one or both parties to fulfill legal obligations, such as supporting parents, etc .; for one or both parties Debt for treating illness. Liabilities for joint business activities, including business activities in which both parties participate together, business activities in the name of one party under common property investment, business activities agreed by both parties in the name of one party, and income used for common life, and It was agreed to raise funds for business activities alone, but its income was indeed used for debts in situations such as living together. Common debt can exist either after marriage or before marriage, as long as they are respons ible for the common life. For example, if one party has personal debts before marriage, but the debts used to live together after marriage are common debts.

In the way of bearing responsibility, the spouse s joint repayment responsibility is a joint liquidation responsibility. Regardless of whether the two parties have divorced, the common debt must be settled with the spouse s common property and their own property. The creditor has the right to demand one or both of the husband and wife to pay off part or all of the debt. It does not distinguish between the share that the husband and wife should assume or the order in which the husband and wife should bear the debt in whole or in part according to the creditor s request. In the event of liquidation, the other party is responsible for the liquidation.

In practice, there are two different situations in which the debtor is unable to repay: one is temporarily unable to repay. If this is the case, the debtor may repay in installments in accordance with the above provisions. The other is permanent insolvency. If it is permanently insolvent, it can only be settled against the debtor s personal existing property.

In fact, from the above analysis, we can see that in Chinese laws and regulations, although both spouses can negotiate and share the corresponding proportion of their common debts, when one party disappears or escapes, there is no doubt that the situation for the other party It would be extremely unfavourable to advise a lawyer in this case.

Leave a Reply

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