1. After the death of the lender, if the debt is shared by the husband and wife, the spouse has the responsibility to repay it; if it is personal debt, the debt will be paid off by the property of the deceased.
2. According to the relevant laws, husband and wife can agree that the property acquired during the marriage relationship and the property before marriage shall be owned by themselves, * * * owned by all or part of them, and * * * owned by part of them. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 17 and 18 of this Law shall apply.
3. The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is binding on both parties. Husband and wife agreed that the property acquired during the marriage relationship should be owned by each other, and if a third party knows the agreement, the property owned by the husband or wife should be paid off.
1. Whether the lender's spouse and children need to pay for it after his death depends on how much inheritance the heir has inherited. According to the principle that the rights and obligations of China's Civil Code are consistent, the heir should accept the property rights and obligations of the decedent when accepting inheritance. In other words, if the heir accepts the inheritance, he should pay off the debts of the decedent; If the heir gives up inheritance, he has no obligation to pay off the debts of the decedent.
2. According to the laws of our country, the following principles should be followed in paying off the debts of the decedent:
1. The principle of limited inheritance. Article 161 of China's Civil Code (which came into effect on January 1, 221) states: "The successor shall pay off the taxes and debts that the decedent should pay according to law within the limit of the actual value of the acquired estate. If the part exceeds the actual value of the estate, the heir will voluntarily repay it. If the heir abandons the inheritance, he may not be liable for the taxes and debts that the decedent should pay according to law. " This shows that the heir's repayment of the decedent's debt is only limited to the actual value of the estate, and the heir is not liable for the part that exceeds the actual value of the estate.
2. The principle of retaining the share of the estate of a specific heir. Article 159 of China's Civil Code: "When dividing an estate, the taxes and debts that the decedent should pay according to law shall be paid off; However, the necessary inheritance should be reserved for heirs who lack the ability to work and have no source of income. " This is a concrete manifestation of implementing the principle of supporting the elderly and raising children in China. When paying off the debts of the decedent, even if the actual value of the inheritance is not enough to pay off the debts, an appropriate inheritance should be reserved for the heirs who need special care and lack the ability to work and have no source of income to meet their basic needs.
3. The principle that paying off debts is superior to carrying out bequests. Article 162 of China's Civil Code: "The execution of legacy shall not hinder the settlement of taxes and debts that the legator should pay according to law." According to this regulation, in the order of bequest and debt repayment, debt repayment takes precedence over bequest execution. Only when the debts are paid off and there is a residual legacy can the bequest be carried out. If the inheritance is not enough to pay off the debts, the legacy cannot be carried out.