Legal subjectivity:

1. Can the loan of both spouses be transferred to one person after divorce?

Loan transfer can be understood as debt transfer, which is allowed by law. For this to happen, it only needs the consent of the creditor and an agreement between both parties.

Divorce debts are generally divided between husband and wife’s debts. According to the principle of property division between husband and wife, the debts of husband and wife are divided, that is, there is no agreement. Under the principle of taking care of the child-rearing party, the woman, and the non-fault party, the court will reduce the debt to the caregiver.

It should be noted that how the divorce debts are divided between husband and wife does not affect the creditor's enjoyment of the creditor's rights. It only determines who is responsible for the debts of both spouses. Therefore, after the spouses or the court decide how to divide the divorce debts, it cannot be used as a reason to oppose the creditor's request for repayment of the debts because the divorce debts have been divided and the other party is responsible for the debts. The way to avoid this happening is to obtain the consent of the creditor when dividing debts in a divorce. Based on the creditor's consent, if one party does not repay the debt, the creditor has no right to ask you to repay debts that do not belong to you.

Article 1089 of the "Civil Code": When a husband and wife are divorced, they must repay their debts together. If the property of the two parties is insufficient to repay or the property belongs to each other, the two parties shall agree to repay the repayment; if the agreement fails, the People's Court shall make a judgment.

2. How to distribute the financial resources of the marriage and family

Distribution shall be carried out according to the following principles:

1. Decided by both parties through negotiation.

Article 1087, Paragraph 1 of the Civil Code: When divorcing, the spouses’ separate property shall be handled by agreement between the parties; if the agreement cannot be reached, the people’s court shall decide according to the specific circumstances of the property. , the judgment is based on the principle of taking care of the rights and interests of the children, the woman and the non-fault party.

2. Equality between men and women.

Civil Code Article 1041, Paragraph 2: Implement the marriage system of freedom of marriage, monogamy, and equality between men and women.

3. Take care of the rights of the children and the woman.

Article 1087, Paragraph 1 of the Civil Code: When divorcing, the spouses’ separate property shall be handled by agreement between the parties; if the agreement cannot be reached, the people’s court shall decide according to the specific circumstances of the property. , the judgment is based on the principle of taking care of the rights and interests of the children, the woman and the non-fault party.

4. Principles of compensation.

Article 1088 of the Civil Code: If one spouse has greater responsibilities for raising children, taking care of the elderly, assisting the other spouse in work, etc., the spouse has the right to request compensation from the other spouse when divorcing , the other party should compensate. The specific measures shall be agreed upon by both parties; if agreement fails, the decision shall be made by the People's Court.

5. The principle of taking care of the non-fault party.

3. How to define the personal property of husband and wife

(1) Salaries, bonuses, allowances and other salary income of both or one spouse;

(2) Husband and wife Income from production and operations of both parties or one party;

(3) Income obtained by both parties or one party through their intellectual property rights. Refers to the property income actually obtained or clearly obtainable during the marriage relationship between husband and wife;

(4) Property inherited or donated by both or one of the spouses, but it is determined in the will or in the will only to belong to the husband or wife. Except for the property of the wife;

(5) Other property that should be owned jointly by the husband and wife, mainly refers to:

(1) During the existence of the marriage relationship, one spouse shall Income from personal property investment;

(2) During the duration of the marriage, the housing subsidies and housing provident funds actually received or should be received by both men and women;

(3) During the duration of the marriage , the pension insurance and bankruptcy resettlement compensation that both men and women actually receive or should receive.

Can the loan of both spouses be transferred to one person and half after divorce? In the event of divorce, the husband and wife's joint debts must be repaid jointly. If the property of the two parties is insufficient to repay or the property belongs to each other, the two parties shall agree to repay the repayment; if the agreement fails, the People's Court shall make a judgment. .

The law is objective:

"Interim Measures for the Management of Personal Loans"

Article 11

Personal loan applications should meet the following conditions:

(1) The borrower is a citizen of the People's Republic of China with full capacity for civil conduct or an overseas natural person who complies with relevant national regulations;

(2) The purpose of the loan is clear and legal;

(3) The loan application amount, term and currency are reasonable;

(4) The borrower has the willingness and ability to repay;

(5) The borrower’s credit status is good, No major bad credit record;

(6) Other conditions required by the lender.