Pregnancy of one party during spouse separation is personal debt

You are in a state of separation. The two parties have not fulfilled their rights and obligations, they have no economic relationship with each other, and there is no evidence to prove that the loan was used for the common living expenses of both parties.

My husband and I have been living apart since 2013. They have not fulfilled their rights and obligations, and have no economic relationship with each other. My husband borrowed 150,000 yuan from others on March 10, 2014. I didn t know. After the loan expires, my husband shirks off and pays it back. Is this money a marital debt? Do I need to pay it back?

In this case, although your husband borrowed money from someone during the existence of the husband and wife relationship, you are already separated. The two parties have not fulfilled their rights and obligations, and they have no economic relationship with each other. You did not know the loan and did not enjoy the benefits. There is no evidence that the borrowing is used for the common living expenses of both parties. In this case, the debt of your husband in his unilateral name can hardly be regarded as the joint debt of the husband and wife. Therefore, this loan cannot be regarded as common debt between husband and wife and you do not need to pay it back.

According to Article 41 of the Marriage Law: At the time of divorce, the debts originally shared by the husband and wife should be repaid together. If the common property is insufficient to pay off, or the property is owned by each other, the two parties shall settle it by agreement. The people s court ruled.

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