The measures for handling the loan debts of divorced couples are as follows:
1. At the time of divorce, the debts incurred by the husband and wife living together were originally paid with the same property. If the property is insufficient to pay off, it shall be paid off by both parties through agreement; If the agreement fails, the court will make a judgment. Debts borne by a man or a woman alone shall be repaid by her.
2. Debts incurred by husband and wife in the same production and operation include debts incurred by both parties in the same operation or contracted operation in rural areas, debts incurred in purchasing means of production, debts incurred by both parties in the same investment or other financial activities, and taxes owed in these production and operation activities. If it is operated by one party with the consent of both parties, but its income is used for common life, the debts incurred are also the debts of both husband and wife.
3. Husband and wife shall be jointly and severally liable for paying off debts, and shall pay off debts with * * * at the time of divorce. If the assets are insufficient to pay off, they shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment. When a husband and wife have outstanding debts, they may not divide the property first.
4. Debts arising from the common life of husband and wife, including those arising from purchasing daily necessities, building or buying houses, fulfilling obligations of support, education and maintenance, treating diseases, engaging in cultural, educational, entertainment and sports activities agreed by both parties, and other debts arising in daily life that should be borne by both parties.
Husband and wife debt is personal debt.
In general, the following debts should be recognized as personal debts:
1. The husband and wife agree that the debts shall be borne by the individual according to the relevant laws and regulations, except those who evade the debts;
2, without the consensus of both husband and wife, to support the debts of their relatives and friends who have no obligation to support and support;
3. Without the consensus of both husband and wife, they raise funds separately to engage in economic activities, and their income is not used for debts incurred in the same life;
4. Other personal debts, such as personal debts before marriage, debts incurred by one party due to unreasonable expenses, etc.
Personal debts incurred during the marriage relationship, whether during the marriage relationship or after divorce, or the debtor's disappearance or death, are borne by the individual, and the other party has no obligation to pay off the debts. Of course, if the two parties later supplement the agreement, it will be implemented according to its agreement.
In short, the way to deal with the loan debt of divorced couples belongs to personal debt, which is borne by individuals; Debts belonging to the husband and wife shall be paid by both husband and wife.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 1064
The debts incurred by both husband and wife after the same signature or ratification by one party, and the debts incurred by one party in his own name for the daily needs of the family during the marriage relationship, belong to the same debt of husband and wife.
Debts incurred by one spouse in his own name during the marriage relationship that exceed the needs of family daily life are not joint debts of husband and wife; However, the creditor can prove that the debt is used for the husband and wife's life, production and operation, or based on the same meaning of both husband and wife.
Article 1089
At the time of divorce, both husband and wife should bear the same debts. * * * If the same property is not paid off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment.