Current location - Loan Platform Complete Network - Loan consultation - Loans during marriage after divorce
Loans during marriage after divorce
Legal analysis: As husband and wife, they should meet the following conditions: (1), the debt is due to the lack of living expenses of both husband and wife. No matter who borrowed the debt at first and in whose name, as long as the debt is caused by the husband and wife living together. (2), debt is due to fulfill the obligation of raising, such as raising their children or grandchildren. (3) Debt is due to maintenance obligations, such as supporting parents and grandparents. If the house and other property borrowed by one party before marriage have been converted into the joint property of husband and wife, the debts incurred by borrowing money to buy the house shall be regarded as the joint debt of husband and wife. During the existence of the relationship between husband and wife, if one party is engaged in self-employed or contracted business, his income shall be the property jointly owned by the husband and wife, and his debts shall also be paid off with the property jointly owned by the husband and wife.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 1076 If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.

Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court. When trying divorce cases, the people's court shall conduct mediation; If the relationship has really broken down and there is no mediation, divorce should be granted. Divorce shall be granted if mediation fails under any of the following circumstances: (1) 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 court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.