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If the husband and wife have owed this debt, the other party can completely repay the debt.

Time: 2018-05-14         Source: Luo Ye Law         Author: Luo Ye law

Debt of couples has always been the most troublesome issue for couples. Fortunately, a new regulation was implemented at the beginning of this year. I do not know how many families have changed their fate.

In 2018, Ms. Zeng’s husband owed nearly 5 million yuan in debt for personal reasons. Such a large debt should be paid by the husband and wife together. The parties were also courts where Ms. Zeng and her husband were brought together from the perspective of the joint debt of the couple.

Ms. Zeng did not do this. She did not owe debt. She did not know the debt and she could not be held accountable for her responsibility. However, the creditors of the parties are guilty of this and they are required to jointly assume the responsibility of liquidation. Most people certainly feel that creditors are very reasonable in this way, and there is no reason why the two couples should shirk. However, Ms. Zeng did not do it. She did not return the money. She appealed.

       

There are three reasons for Ms. Zeng:

1, The husband is in debt of 5 million and he has no knowledge of it.

2. He has never participated in any activities related to this debt, that is to say, the husband has not used the money for family life.

3, the feelings of the two husbands and wives have long since fallen into disagreement.

What do you think about this case? For Ms. Zeng, she was involved in the debt of the spouse. The money felt she was still on the list. As a result, the court actually found 5 million debts, and there was no relationship with Ms. Zeng. Ms. Zeng could no longer pay her debts.

The court stated as follows:

1, The debt has obviously exceeded the family life needs.

2. The party’s creditor cannot prove that the debt was used by the husband and wife to jointly produce business operations.

3. On January 18, 2018, the Supreme People's Court issued an interpretation on the issues concerning the application of laws in cases involving disputes involving couples and debts, in which Article 3, one of the spouses exceeds the family's daily life needs in the name of an individual during the continuation of the marriage relationship. In the case of negative debts, if the creditor claims rights based on the common debt belonging to the husband and wife, the people’s court will not support it, but the creditor can prove that the debt is used for joint living of husbands and wives, joint production and operation, or expression based on the common meaning of both parties.

Feeling that there is a law like this, the result of the case is already obvious. Ms. Zeng does not need to return this money. In the case of breathtaking people, it is still very troublesome for the debt issue to involve the couple. However, with this law, hearing the case will be more clear and it will be a good thing for the spouses.

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