Current location - Loan Platform Complete Network - Loan intermediary - Husband loan, wife signature, divorce, responsibility
Husband loan, wife signature, divorce, responsibility
Legal analysis: if the husband takes out a loan and the wife signs a divorce, the debt between husband and wife must be repaid. The debts during the existence of husband-wife relationship are generally recognized as the same debts of husband and wife, and both husband and wife have signed them. After divorce, both parties shall jointly repay it. Husband and wife debt refers to the debt incurred to meet the needs of husband and wife. Husband and wife's debts are mainly based on the needs of husband and wife's family living together, as well as debts arising from the management, use, income and disposal of * * * property.

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 the will of both parties to divorce voluntarily 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 indeed broken down and mediation is ineffective, divorce should be granted.

In any of the following circumstances, if mediation fails, divorce shall be granted:

(a) 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.

Article 1085 If a child is directly raised by one party after divorce, the other party shall bear part or all of the alimony. The amount and duration of the expenses shall be agreed upon by both parties; If the agreement fails, the people's court shall make a judgment.

The agreement or judgment stipulated in the preceding paragraph shall not prevent the children from making reasonable demands to either parent over the original agreement or judgment when necessary.

Article 1087 At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party.

The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.