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If one of the spouses owes the debt, the other party may not have to pay it back.

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

Husband debt has always been a headache for couples. Fortunately, a new regulation was implemented at the beginning of this year, and I don’t know how many families have changed their lives.

In 2018, Ms. Zeng’s husband owed nearly 5 million yuan in debt for personal reasons. Such a large debt should be repaid by both husband and wife. The parties are also the courts that Ms. Zeng and his husband have been brought together from the perspective of the husband and wife’s joint debt.

Ms. Zeng did not do this. She did not owe her debts. She did not know the debt, and the accountability did not fall on her head. However, the party’s creditors sue this and asked the two to share the responsibility for liquidation. The average person must feel that the creditor is also very reasonable, and the two couples have no reason to evade. However, Ms. Zeng did not do it. She refused to pay the money when she died, so she appealed.

       

There are three reasons for Ms. Zeng:

1. I don’t know about my husband’s debts of 5 million.

2, I have never participated in any activity related to this debt, which means that the husband did not use the money for family life.

3, the feelings of the two husbands and wives have long been no, and have signed a divorce agreement.

Everyone thinks how to judge this case? For Ms. Zeng, it involves the husband and wife debt, and the money feels that she is still fixed. As a result, the court actually sentenced 5 million debts, and had nothing to do with Ms. Zeng. Ms. Zeng could no longer be used.

The court stated as follows:

1. The debt has clearly exceeded the needs of family life.

2. The creditor of the party cannot prove that the debt is used in joint production and management.

3. On January 18, 2018, the Interpretation of the Supreme People's Court on the Relevant Issues Concerning the Application of Laws in the Trial of Cases Concerning Disputes on Husband and Wife Disputes was promulgated. Article 3, in the case of the marital relationship, the spouse exceeded the daily needs of the family in the name of the individual. Negative debt, the creditor claims rights on the grounds of the joint debt of the husband and wife, the people's court does not support, but the creditor can prove that the debt is used for the husband and wife to live together, jointly produce or operate, or based on the common meaning of both husband and wife.

I feel that there is such a rule, the result of the case is already very obvious, and Ms. Zeng does not need to pay the money. In a case of a big breath, the debt problem involves a lot of trouble between husband and wife, but with this law, the case will be more clear and a good thing for the spouse.

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