Does the wife owe money to play with the missing husband and bear joint liability? This is the same debt for husband and wife, split in two.
There is a written agreement between husband and wife that both husband and wife own their own property and bear their own debts. If there is, and the wife clearly informs the other party when borrowing money abroad, the husband does not need to bear joint liability. If there is no property agreement between husband and wife, the loan is used for the joint life and production of husband and wife, and the husband needs to bear joint liability.
It depends on whether the original arrears are for home use and whether the husband knows. If it's for home use, my husband will bear it if he knows. If he doesn't know, he won't bear it.
The husband's loan stipulates whether the debtor can ask his wife to bear joint liability for the husband's loan, and the creditor can ask her to bear joint liability for repayment, because the husband and wife are in the same debt.
Article 41 of the Marriage Law: At the time of divorce, the debts originally incurred by the husband and wife living together shall be paid jointly. * * * 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.
The Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II) Article 24 Where a creditor claims rights for debts incurred by one of the spouses in his own name during the marriage relationship, it shall be regarded as debts of the spouses. However, unless one of the spouses can prove that the creditor and the debtor clearly agreed to be personal debts, or can prove that it belongs to the circumstances stipulated in the third paragraph of Article 19 of the Marriage Law.
The Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II) Article 25 If the divorce agreement of the parties or the judgment, ruling or conciliation statement of the people's court has dealt with the division of husband and wife's property, the creditor still has the right to claim rights from both men and women for the same debt of husband and wife.
The husband privately guarantees whether the wife is jointly and severally liable. Zhang Ping and Li Hua have been good friends for many years. Li Hua has been engaged in the management of decorative materials in Tianjin Building Materials City, and his business has been good. At the beginning of 2007, in order to expand the scale of operation, he found Zhang Ping, who taught in a middle school in Tianjin, and asked him to come forward to guarantee and lend 65,438+10,000 yuan to a credit cooperative in Tianjin. Out of kindness, Zhang Ping refused to discuss with his wife, Zhu Fan, and was involved in a joint case with him. Afterwards, Zhang Ping dared not tell his wife about it, but repeatedly urged Li Hua to repay as soon as possible. At the end of 2008, due to the impact of the economic crisis and other reasons, Li Hua's business plummeted. After handling the goods at a low price, Li Hua went out with the money, and now his whereabouts are unknown. Due to the failure to pay back the money due, the credit union sued and asked Zhang Ping and his wife to bear the guarantee responsibility within the scope of guarantee. In the course of handling this case, there are two different opinions on whether Zhu Fan should bear joint and several liability. One opinion is that, according to the relevant judicial interpretation, if a creditor claims the debt incurred by one of the spouses in his own name during the marriage relationship, it should be treated as the same debt as the husband and wife, so Zhu Fan, as his wife, should be jointly and severally liable for it. One view is that debt guarantee is obviously beyond the scope of daily family life, and the related debt is not used for family life, so the debt does not belong to the category of husband and wife. In addition, the borrower's credit union has no evidence to prove that Zhu Fan's guarantee to her husband is known and recognized, so it has no right to ask Zhu Fan to bear joint liability. The author agrees with the second opinion. First of all, from the perspective of husband and wife debt. Husband and wife debt refers to the debt incurred to meet the needs of husband and wife. The joint debt of husband and wife is mainly based on the common needs of husband and wife, as well as the debt arising from the management, use, income and disposal of common property. That is, the debts incurred by husband and wife to maintain normal family life and family expenses, including food, clothing, housing, transportation and education. In daily life, it mainly includes: debts incurred in purchasing daily necessities; Debts arising from the purchase, decoration and sharing of houses; Debts incurred by one or both spouses for paying medical expenses for treating diseases; Responsibilities arising from cultural, educational, recreational and sports activities agreed by both parties; The debts incurred for the purchase of property if the property such as housing purchased by one party with a pre-marital loan has been converted into the joint property of husband and wife; And other debts that should be borne by both parties in daily life. The debt generated by Zhang Ping's loan guarantee for her friend is not used for the common life and family life of husband and wife, which belongs to her personal unreasonable expenditure and does not belong to the scope of husband and wife's joint debt. Therefore, Zhang Ping should bear it herself, and Zhu Fan, her spouse, will not bear the responsibility for repayment. Secondly, from the point of burden of proof. Debt is legally recognized as negative assets. During the existence of the relationship between husband and wife, if the contractual behavior between husband and wife or between husband and wife and a third person exceeds the agency right of husband and wife in their daily life and may cause debts, the contractual behavior must also be approved by the other spouse. This guarantee has been recognized by Zhu Fan, and the creditor credit cooperatives have the responsibility to present evidence and prove it with evidence. Now the credit cooperatives can't submit evidence for this, and they should bear the adverse legal consequences according to law. Finally, from the prudential obligation of credit cooperatives. According to the general principles of loans, after accepting the borrower's application, the lender should investigate and verify the guarantor and fulfill the obligation of prudence, that is, it should verify the marital status of the adult guarantor Zhang Ping, whether the guarantee has been approved by the fans and whether there is an agreement between Zhang Ping and his wife that the property obtained during the marriage relationship will be owned by both parties. Because of the negligence or institutional defects of credit cooperatives, they have not really implemented it, so they have to bear the corresponding risks. Authors: People's Court of Jinshi City, Hunan Province
It is a loophole in the law whether the husband borrows money to gamble and whether the wife should bear joint liability. If the husband borrows money from the casino, he can report it to the casino, and his gambling money will be confiscated and the loan will not be protected by law. Otherwise, he will have to pay back.
According to the relevant provisions of jurisprudence, guarantee refers to the system that the law urges the debtor to perform his debts with the credit or specific property of the debtor or a third party to ensure that a specific creditor can realize his creditor's rights.
2. The Guarantee Law and other laws stipulate that if the guaranteed debtor fails to perform the debt at the expiration of the debt performance period stipulated in the main contract, the creditor may require the debtor to perform the debt, or may require any guarantor to bear all the guarantee responsibilities.
3. So in this case, her husband personally vouches for her, but her husband personally bears the guarantee responsibility for repaying the debtor's debts, and her wife has no obligation to bear the responsibility for her.
When a husband and wife divorce and sign a debt agreement, does the husband need to bear joint liability? If the husband and wife are in the same debt, the debt agreement between husband and wife is only valid between husband and wife and has no right to confront creditors. Creditors can assume full repayment responsibilities to their husbands or wives. The party who is fully liable for repayment may recover the debts that should be assumed according to the agreement from the other party.