Before men and women are married, it can be said that they have nothing to do with each other. At this time, they have their own lives, so it is natural to have debts while earning money. If this debt has not been paid off before, and then the men and women have registered for marriage, does the husband need to pay back the debt before marriage? Many people are worried about this. Let me give you a detailed answer.
1. Does the wife need to pay off the husband's pre-marital debts after marriage? The pre-marital personal debts of one of the husband and wife are not transferred due to the marriage relationship. Therefore, during the marriage relationship, the creditor may not claim rights from the debtor's spouse for one party's personal debts before marriage. However, if the creditor can prove that the personal debt owed by one party before marriage has an inevitable causal relationship with the life of the debtor's family after marriage, that is, the funds and property in the debt owed by one husband and wife before marriage have been transformed into the conditions for the material life of both husband and wife after marriage, the personal debt of one party before marriage should be treated according to the principle that husband and wife have the same debt. The people's court shall not support the creditor's claim against the debtor's spouse for the personal debt incurred by one party before marriage. However, the creditor can prove that the debt is used for living together after marriage.
second, which debts need to be repaid by the husband and wife * * * The debts that need to be repaid by the husband and wife are the debts of the husband and wife * * *. The so-called * * * debt of husband and wife refers to the debt incurred to meet the needs of husband and wife. The scope of the joint debt of husband and wife includes the following aspects: (1) The property borrowed by one party before marriage has been converted into the joint property of husband and wife, and the debt incurred for purchasing these properties; (2) Debts incurred due to daily life; (3) Debts incurred due to production and business activities, where business income is used for family life or shared by spouses; (four) debts owed by one or both of the husband and wife for medical treatment and medical treatment for people with legal obligations; (five) debts incurred for raising children; (six) debts incurred by supporting the elderly who have the obligation to support; (seven) other debts that should be recognized as the same debts of husband and wife. According to the third paragraph of Article 165 of the Civil Code (implemented on January 1, 221), the husband and wife agreed that the property acquired during the marriage relationship should be owned by each other, and if the third party knows the agreement, it should be paid off with the property of the husband or wife. Husband and wife need to reach an agreement through consultation in advance and make a written agreement. If one party borrows money alone and one spouse fails to ratify it afterwards, it shall be regarded as the debt of one spouse. Personal debts include: (1) debts agreed by both husband and wife to be borne by individuals, except for the purpose of avoiding debts; (two) without the consent of the other party, one party subsidizes the debts of relatives and friends who have no obligation to support them; (three) without the consent of the other party, one party independently raises funds to engage in business activities, and its income is not used for the debts incurred by the same life; (four) the debts of men and women before marriage, except those that have been converted into the same debts of husband and wife; (5) Other debts that should be borne by individuals. Because * * * debt is a debt for * * * to live together, it should be repaid with the property of husband and wife. If the property of the husband and wife is insufficient to pay off the debts of the husband and wife, the two parties shall agree to pay off the debts. If the agreement fails, the people's court shall make a judgment. When determining the repayment responsibility of the remaining debts, the actual repayment ability of both parties should be considered. Those with strong ability should bear more appropriately, and those with weak ability can bear less appropriately. As a wife, you don't need to be responsible for your husband's debts before marriage, but if there is evidence at this time that although it is a debt before marriage, it is used in married family life, it will be considered that the husband and wife are in the same debt, and the natural wife is also responsible for paying off.