Legal analysis: Generally speaking, it will not affect your wife, but if there is evidence that the loan money is used for family expenses, you are still responsible for repaying it together.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 673 Where the borrower fails to use the loan according to the agreed purpose, the lender may stop issuing the loan, recover the loan in advance or terminate the contract.
Article 674 The borrower shall pay interest at the agreed time limit. If the time limit for paying interest is not stipulated or clearly stipulated, and cannot be determined according to the provisions of Article 510 of this Law, if the loan period is less than one year, it shall be paid together with the loan; If the loan term is more than one year, it shall be paid at the end of each year; if the remaining term is less than one year, it shall be paid together with the loan.
Article 676 If the borrower fails to repay the loan within the agreed time limit, it shall pay the overdue interest in accordance with the agreement or the relevant provisions of the state.
The husband was sued by the creditor for losing money in business. Is there joint responsibility as a wife?
Usually, the husband should bear joint and several liability for losses in business, because the money lost is the joint debt of husband and wife. On the issue of husband and wife's joint debt, we can't generalize because of different circumstances. We must first find out whether your husband borrows money in his own name or runs an individual business. There is a fundamental difference between the two.
I. Borrowing money in the name of an individual
If your husband borrows money from others in his own name and uses the money for business activities, such funds are usually not recognized as joint debts of husband and wife. According to the provisions of the Civil Code, joint debts must be used for the common life of husband and wife or the debts ratified by the other party. If the husband borrows money in his own name, the money is not used for the family life of both husband and wife, so it is not a joint debt.
Second, losing money in business.
Even if we lose money in business, we must find out what business is losing money, because individual merchants and limited companies are completely different. For example, has your husband ever lost money as an individual industrial and commercial household? If so, then the woman really needs to share all the debts. If you always disclose the limited liability company, then this debt belongs to the company and has nothing to do with the woman, so the woman naturally does not need to repay it.
So the situation is different and the result is naturally different. If you want to know whether you need to pay back the money, you should first know the details of the money your husband owes. Think about it. If your husband makes money in business, the money he makes belongs to the joint property of husband and wife, and the wife will enjoy half of it. Now that the husband has lost money, the wife wants to hide all the debts, which is unfair to the husband. No matter what kind of things, both husband and wife should share the responsibility, and there is no way to solve anything simply by escaping.
The man has debts in business divorce, should the woman bear them?
Under normal circumstances, it should be shared. The debts incurred by one party in doing business belong to the debts incurred by the husband and wife jointly engaged in production and business activities, and are joint debts of the husband and wife. Joint debts of husband and wife include: (1) the property borrowed by one party before marriage has been converted into joint property of husband and wife, and the debts incurred for purchasing these properties; (two) the debts incurred by the husband and wife for the common life of the family; (three) the debts incurred by the husband and wife in their joint production and business activities, or the debts incurred by one party's business income for family life or by the spouses; (4) debts with legal obligations arising from one or both spouses' treatment of diseases and saving lives; Debt incurred for raising children; The debts incurred by the elderly who have the obligation to support; (seven) debts incurred to pay the education and training expenses of one or both spouses; (8) Debts incurred for paying just and necessary social communication expenses; (nine) the debts agreed by the husband and wife agreement are joint debts; (ten) other debts that should be recognized as joint debts of husband and wife.
Does the husband need his wife to pay his debts?
The debts owed during the continuation of the marriage relationship are often recognized as joint debts of the husband and wife, which are jointly repaid by the husband and wife.
Whether the husband owes money should be analyzed according to the specific situation. During the marriage relationship, the debts owed by one party to the outside world, as long as they are used for family life or family joint investment, should be regarded as joint debts of husband and wife. If the husband is unable to repay now, the wife has the obligation to repay. If the debt owed by the man alone is used for personal investment or consumption, it belongs to personal debt, and the woman is obliged to repay it free of charge.