Search This Blog

9.3.11

Marital debt

Husband and wife may agree the property acquired while their marital relationship all of their respective, may also contract debts of each undertaking. At this point, the husband or the wife of the foreign debt, third parties were aware of the Convention, to the husband or the wife\'s property settlement. Third person does not know the conventions, such as the debt of the spouses to live together, the third person is entitled to request the husband and wife shall be common to reimburse.


Marital debt is the debt in to meet the needs of couples to live together. Marital debt includes the following areas:


(I) party borrowing to purchase property before marriage has translated into marital property, for the debts of the acquisition of such property;


(B) of the daily life of the debt;


(C) due to production and operation activities, operating income for family or spouse sharing the debts;


(D) either or both of the spouses to be cured and treatment for those who have a statutory obligation for debts owed;


(E) for rearing the debts;


(Vi) maintenance of the elderly who have a maintenance obligation debt;


(VII) other should be found for marital debts debt.


Because of the common debt for debt of the living, therefore, should be jointly owned property to repay. If the joint property of husband and wife are not sufficient to discharge the common debt, by mutual agreement the satisfaction, to reach an agreement, by the people\'s Court. The remaining debt, when determining reimbursement liability, should take into account the real capacity to pay of both sizes. Competent, should appropriate more commitment is weak, may be appropriate to take less.

No comments:

Post a Comment