Divorce debts can be resolved by drafting a divorce agreement. The agreement should clarify the debt situation of both parties and stipulate the method and period of debt obligations.
After a couple divorces, the division of debts is also a relatively complicated issue. If the parties do not reach an agreement, one party may bear too much debt after divorce, so debts should be allocated clearly and reasonably in the divorce agreement. When drafting a divorce agreement, you must pay attention to facts and legality. First, you need to have a detailed understanding of the debts held by the couple, including mortgages, car loans, credit cards or other types of debts. Both parties also need to jointly confirm the true amount owed, interest rate, repayment period, mortgage guarantee, etc. for each debt in order to formulate a reasonable debt collection plan. Then, in the divorce agreement, the manner in which debts will be assumed should be stipulated. Generally speaking, debts can be divided equally between both parties according to the principles of property division in divorce, or according to the creditor's rights and debts each holds. At the same time, the repayment period and repayment method of the debt should be clarified, and agreements should be made on overdue repayment and other situations. Finally, when drafting a divorce agreement, you should pay attention to choosing an authoritative and professional lawyer to avoid errors or omissions in legal terms. In addition, in order to ensure that both parties fully understand and agree with the terms of the agreement, the divorce agreement can be submitted to the notary office of the local people's court for notarization.
If a person has debt before divorce, how should they deal with it after divorce? If one party already has debts before the divorce, they do not necessarily need to share the debts with the other party after the divorce. The specific circumstances need to be negotiated by the divorcing parties or decided by the court. If the debt has nothing to do with the couple living together, such as a personal consumption loan, it is usually borne by the spouse alone; if the debt is caused by the couple living together, such as a loan for a house or vehicle purchased jointly, , it needs to be agreed based on the actual situation or the divorce agreement.
Divorce debts can be resolved by drafting a divorce agreement. In order to avoid disputes arising from debt issues, both parties should have a detailed understanding of the creditor's rights and debts, clarify the manner and duration of debt obligations, etc., and seek the opinions and suggestions of professional lawyers when drafting a divorce agreement.
Legal basis:
Article 552 of the "People's Republic of China and Civil Code"; the third party assuming concurrent debts agrees with the debtor to join the debt and notify the creditor , or if a third party expresses its willingness to join the debt to the creditor and the creditor fails to expressly refuse within a reasonable period of time, the creditor may request the third party to assume joint and several debts with the debtor within the scope of the debt it is willing to bear. Article 697 of the "People's Republic of China and Civil Code": The impact of debt assumption on guarantee liability is that the creditor allows the debtor to transfer all or part of the debt without the written consent of the guarantor, and the guarantor will no longer be responsible for the debt transferred without its consent. Undertake guarantee liability, unless otherwise agreed between the creditor and the guarantor. If a third party joins the debt, the guarantor's liability will not be affected.