1. If one party buys a house with a mortgage loan before marriage, the husband and wife will live together or use it together after marriage, which can be converted into the same debt after marriage;
2. One party borrows money before marriage to buy a large number of wedding supplies, and after marriage, both husband and wife can convert it into the same debt after marriage when needed;
3. Before marriage, one party borrows money to decorate the house, and the house is shared by husband and wife after marriage.
Husband and wife should share the debts equally, and one party has the right to recover its due share from the other party after assuming all the debts.
If the spouse does not meet the above conditions, the debtor shall bear the debt alone.
Litigation divorce procedure
1, drafting a divorce petition;
2. Prepare the evidence needed for divorce proceedings;
3. Submit the divorce complaint and relevant evidence to the court with jurisdiction;
4. The court decides whether to accept four lawsuits;
5. After the court accepts the divorce proceedings, it sends a copy of the complaint to the other party within the legal time;
6. The court arranges the court session time and sends subpoenas to both parties;
7. Hearing: Both parties may entrust lawyers or other professionals to represent the litigation;
8. According to the plaintiff's request for divorce proceedings and the evidence submitted by both parties, the court made a judgment on whether to grant divorce, how to divide the property and how to solve the problem of child support.
Divorce procedure refers to the legal procedure that both husband and wife must perform to dissolve their marriage relationship. There are two main procedures in China:
(1) administrative procedure. That is, the procedure of voluntary divorce by both parties. Both men and women who voluntarily divorce must apply for divorce in person at the registration authority where one party's account is located. The marriage registration authority shall grant or disapprove the registration according to law after finding out whether the two parties are really willing, whether they have properly handled their children and property, and whether they live after divorce. If registration is granted, the marriage certificate shall be withdrawn and a divorce certificate shall be issued.
(2) Proceedings. That is, the procedure for one party to ask for divorce. The party requesting divorce may file a divorce lawsuit with the people's court where the defendant is located. After accepting a divorce case, the people's court first conducts mediation. If the mediation is successful, you will be dismissed. If a divorce agreement is reached through mediation, a mediation agreement shall be made and the divorce shall be agreed. If mediation fails, the people's court shall make a judgment of granting or not granting divorce according to law.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 1089 of the Civil Code
At the time of divorce, both husband and wife should bear the same debts. * * * If the same property is not paid off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment.