The joint debts of the husband and wife are paid by the husband and wife jointly, so how should the situation of one party in the marriage raising debts be determined? If the husband borrows money from another person and issues an IOU, the corresponding loan is transferred to the wife's account, and the wife refuses to repay it together afterwards because she does not know about the loan. What do you think about this?
Does the husband borrow money and his wife have to pay it back?
Joint debts of husband and wife refer to the debts incurred by husband and wife during the marriage relationship to solve the needs of common life for clothing, food, housing, transportation, medical treatment, performance of statutory maintenance and maintenance obligations, necessary social entertainment, and joint production and business activities, including debts incurred by the husband and wife to support relatives and friends with the consent of both husband and wife. Whether the unilateral loan of the husband and wife is a joint debt of the husband and wife needs to be analyzed according to factors such as the time, amount and purpose of the loan, specifically looking at a case:
Because the family business needed capital turnover, Li Lei borrowed 400,000 yuan from Zhang San and issued an IOU, which stated the loan amount, date, and Li Lei's personal signature. Zhang San transferred the money to the bank card of Li Lei's wife Han Meimei on the same day. After the loan expired, Zhang San repeatedly urged the couple to pay it back, but Li Lei dragged it out, and although Han Meimei admitted to receiving the transfer, she claimed that she did not know about the loan and should not bear the responsibility for repayment. In desperation, Zhang San had to take the couple to court.
After investigation and verification, the court verified that although the IOU was issued by Li Lei alone, the loan was directly transferred from Zhang San to the account of Li Lei's wife Han Meimei, and the two parties had multiple transfers, plus Li Lei's self-stated loan was used for the needs of the family's business operation, and it was found that it was indeed used for the family's joint operation, in summary, it can be determined that the loan was based on the joint intention of Li Lei and Han Meimei, and finally ordered the husband and wife to jointly bear the repayment obligation. As for Han Meimei's argument that she did not know about the loan, the court did not accept it.
Recognition of joint debts of husband and wife
The scope of joint debts of husband and wife is mainly divided into two aspects, one is the debt that the husband and wife jointly express their intent, and the other is the debt borne by one party for family life, and the specific rules for recognition are as follows:
01
Debts expressed by common intent, such as the joint signature of both husband and wife or the subsequent recognition by one of the husband and wife, shall be deemed to be joint debts of the husband and wife. Note that if the written debt certificate such as an IOU or loan contract is only signed by one of the spouses, and the other party recognizes it afterwards, it can be confirmed by telephone, SMS, WeChat, email and other forms; It can also be an implied way to provide funds to receive accounts, etc.
02
The people's court shall support a creditor's claim for a debt incurred by one of the spouses during the marriage relationship in his or her own name for the daily needs of the family, and the creditor claims rights on the ground that it is a joint debt of the husband and wife. Note that first of all, it is necessary to determine whether the debt is the daily life needs of the family, and the creditor knows or should know that the debt is an unreasonable expense of one party, such as borrowing for gambling or drug addiction is not a joint debt of the husband and wife; Secondly, the size of the debt should be judged in combination with the borrower's family income, consumption level, living habits, etc., and if the debt amount obviously exceeds the debtor's family income and family daily consumption level, it is not a joint debt of husband and wife.
03
The people's court shall support debts incurred by one of the spouses during the marriage relationship in his or her personal name in excess of the daily needs of the family, and the creditor can prove that the debt is used for the joint life of the husband and wife, joint production and operation, or expressed on the basis of the common intention of the husband and wife. Note that debts incurred for the purpose of accumulating joint property are also joint debts of husband and wife, such as borrowing for investment, production and operation, and the proceeds are included in family property or the debtor's spouse benefits from it.
04
Although the husband and wife agree that the property is owned separately, but the creditor is unaware of the agreement, and can provide evidence to prove that the debt is used for the debtor and his spouse to live together, produce and operate together, the husband and wife shall jointly repay it.
05
Generally, personal debts owed by one of the spouses before marriage will not be converted into joint debts because of the marital relationship, but if the creditor can prove that the funds and property in the debt have been converted into the joint property of the husband and wife after marriage or have become the common material living conditions of the husband and wife after marriage, and are used for the joint life of the family after marriage, the husband and wife shall jointly repay them.
Pay attention to borrowing money and repaying money
Personal debts incurred during the existence of the relationship between husband and wife, whether during the marriage relationship or after divorce, or the disappearance or death of the debtor, are borne by the individual, and the other party has no obligation to repay the debt. On the other hand, both parties to the joint debt of husband and wife have the same obligation to settle, and under the principle of consensus with creditors, the husband and wife may agree on their respective responsibilities and the date of settlement, or one of them may agree to settle the debt in full. Even in the case of divorce, the issue of the division of marital property has been dealt with, and the creditor still has the right to claim rights against the man and the woman regarding the joint debts of the husband and wife, which means that it is not feasible to try to avoid debts in bad faith through divorce.
In short, to lend money to others, remember to review the borrower's marital relationship, and it is best to let the husband and wife sign together. Faced with the situation where one of the spouses issues an IOU, the creditor wants to claim that the debt is a joint debt of the husband and wife, and has a heavier burden of proof, and should pay attention to collecting and retaining relevant favorable evidence when lending money, such as the purpose of the loan, the other party's knowledge of the loan, the existence of joint operations, shared income, etc.
When encountering a loan dispute, you can consult the online legal affairs of Legal Insurance Network, conduct in-depth analysis, collect evidence, clarify the ideas of rights protection, and under the guidance of professional legal counsel, send lawyer letters to protect rights, write indictments and file cases, and respond to court defenses, so as to better and faster protect rights and avoid damage to their legitimate rights and interests.
Note: The name of the person in the article is a pseudonym, and the case information quoted comes from Shandong Gaofa
The picture comes from the Internet, invaded and deleted