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The husband borrowed 654.38 million yuan in the name of his wife. What should I do with this loan after the divorce?
Hello, the loan is used for family life, and the woman bears the same repayment responsibility. The same debts of husband and wife are shared by husband and wife, which mainly include: first, debts with the same meaning, such as debts signed by both parties or ratified by one of the husband and wife afterwards. The second is the debts incurred by both husband and wife for the daily needs of the family. Third, the debt incurred by one of the spouses exceeds the daily life of the family, and it can be proved that the debt is used for the joint life of the husband and wife, the joint operation of the husband and wife, or based on the agreement of the husband and wife. Personal debts are borne by individuals, and personal debts generally include three types: first, one party's pre-marital debts; Second, during the marriage relationship, it should be recognized as personal debts, such as debts arising from illegal and criminal activities such as gambling and drug abuse; Third, the debts incurred by one party in his own name that exceed the daily needs of the family. In view of your situation, the loan is in the name of the woman. This loan is used for the husband and wife to live together, which belongs to the same debt and is borne by both parties.

Relevant laws and regulations

According to Article 1064 of the Civil Code, debts incurred by both husband and wife with the same signature or ratified by one party afterwards, as well as debts incurred by one party in his own name for the daily life of the family during the marriage relationship, are joint debts 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 34 of Interpretation of Marriage and Family in Civil Code (I) stipulates that if a husband and wife collude with a third person to make up a debt, and the third person claims that the debt is the same debt for the husband and wife, the people's court will not support it.

The people's court will not support the debt incurred by one party due to illegal and criminal activities such as gambling and drug abuse, and the third party claims that the debt is the same debt for husband and wife.