Current location - Loan Platform Complete Network - Bank loan - The husband lent money for his children before his death. Now that the husband has passed away, is the wife obligated to pay back?
The husband lent money for his children before his death. Now that the husband has passed away, is the wife obligated to pay back?
The death of her husband is a great misfortune for the family, and the pillar of the family has fallen, which deserves sympathy. But in fact, if the husband has an inheritance, or there is evidence that the loan has formed some fixed assets, or there are direct beneficiaries, then the loan needs to be repaid.

1. If the wife is the owner of the same property and the husband dies and has an inheritance, the inheritance should be divided. The part that belongs to the husband needs to be used to repay the loan, the excess part belongs to the wife as the inheritance, and the insufficient part of the inheritance is not pursued.

Since the loan is for children, the children are the beneficiaries of the loan. If there is a clear flow of funds to prove that the loan eventually forms the income of the child, such as buying a house in the name of the child and buying a large amount of insurance for the child, then this part of interest should be used to repay the loan.

According to Article 3 of Judicial Interpretation 4 of Marriage Law issued by the Supreme Court, if a creditor claims rights on the grounds that it belongs to the joint debt of husband and wife, the people's court will not support it unless the creditor can prove that the debt is used for the joint life of husband and wife, for the joint production and operation of husband and wife, or for the same expression of husband and wife's will.

Because raising children is a legal obligation of husband and wife and a part of life. Therefore, the loan made by the husband for the children can be regarded as the need of the husband and wife to live together.

Used for husband and wife to live together, it belongs to husband and wife debt. When the husband dies, the wife has the obligation to pay back the money. But this question is not absolute. For example, if the child is an adult and the husband buys a house loan for the child without his wife's knowledge, it can't be considered as a couple's debt, because the child has grown up and the parents have no legal obligation to support him. Such expenses cannot be regarded as used for husband and wife life.

But the question you said is not very clear. The husband took out a loan for the children. Does the husband let the child borrow money in his own name or does the husband help the child borrow money? If the husband asks the child to borrow money in his own name, legally speaking, this debt belongs to your child, which has nothing to do with you, and you don't need to repay it.

If your husband learns to borrow money for his children's life, according to the latest law, if one spouse borrows money in his own name and exceeds the necessary expenses of the family, it is generally recognized as his personal debt. You made it clear that it should be necessary for a husband to lend money to his children, and it should be regarded as * * * the same debt.

According to the law, if the husband is in debt, if it is for the legitimate interests of the family, life and family, the wife is obliged to pay back. Combined with this topic, if the children are not married, you have the responsibility to help your dead husband pay his debts. What did you say?/Sorry?