After divorce, if the loan borrowed before is a personal debt, it should be repaid by the individual at the time of divorce. Belonging to the joint debt of husband and wife, the husband and wife negotiate to repay, generally by the husband and wife negotiate to repay. If negotiation fails, a judgment will be made. Article 1064 of the Civil Code of People's Republic of China (PRC), the debts jointly signed by the husband and wife or ratified by one of them afterwards, and the debts incurred by one of the husband and wife in his own name for the daily needs of the family during the marriage relationship belong to the joint debts of the husband and wife. The debts incurred by one of the husband and wife during the marriage relationship in their own name beyond the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt is used for the husband and wife's common life, joint production and operation, or based on the common meaning of both husband and wife. Article 1089 At the time of divorce, the joint debts of husband and wife shall be paid off jointly. If the joint property is insufficient to pay off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, it is up to the people to decide.

What about the debt of divorce after the husband and wife loan?

At the time of divorce, the joint debts of husband and wife are paid by both parties. If the joint property is insufficient to pay off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, it is up to the people to decide.

People's Republic of China (PRC) Civil Code

Article 1087th At the time of divorce, the joint property of husband and wife shall be handled by mutual agreement. If the agreement fails, the people shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party.

The rights and interests enjoyed by one spouse in the contracted management of family land are protected according to law.

Article 1088 If one spouse bears more obligations such as raising children, caring for the elderly and assisting the other spouse in work, he has the right to request compensation from the other spouse at the time of divorce, and the other spouse shall make compensation. Specific measures shall be agreed by both parties; If the agreement fails, it is up to the people to decide.

Article 1089 At the time of divorce, the joint debts of husband and wife shall be paid off jointly. If the joint property is insufficient to pay off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, it is up to the people to decide.

Article 1090 In the event of divorce, if one party has difficulties in life, the other party with financial means shall give appropriate help. Specific measures shall be agreed by both parties; If the agreement fails, it is up to the people to decide.

How to deal with the divorce of husband and wife owing on the loan

If both husband and wife borrow money from the bank, the woman needs to bear it at the time of divorce, because this is a joint loan of husband and wife, which belongs to the joint debt of husband and wife, and the joint debt of husband and wife needs to be shared by both parties. Debts jointly signed by husband and wife or ratified by one party afterwards are joint debts of husband and wife.

Article 1089th of the Civil Code of People's Republic of China (PRC)

At the time of divorce, the joint debts of husband and wife are paid by both parties. If the joint property is insufficient to pay off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, it is up to the people to decide.

Article 1079

If one of the spouses requests a divorce, the relevant organizations can mediate or directly file a divorce lawsuit with the people. The trial of divorce cases shall be mediated by the people; If the relationship has indeed broken down and mediation is ineffective, divorce shall be granted. In any of the following circumstances, if mediation fails, divorce shall be granted:

(a) bigamy or cohabitation with others;

(2) committing domestic violence or abusing or abandoning family members;

(three) gambling, drug abuse and other bad habits;

(four) separated for two years due to emotional discord;

(5) Other circumstances that lead to the breakdown of the marriage relationship. If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted. After the people's judgment that divorce is not allowed, the two parties have been separated for one year, and if one party files a divorce lawsuit again, it shall be allowed to divorce.