1. Interpretation of Several Issues in the Marriage Law of the People's Republic of China (II) Article 24 Where a creditor claims rights for debts incurred by one of the spouses in his own name during the marriage relationship, it shall be regarded as debts of the spouses.

However, unless one of the spouses can prove that the creditor and the debtor clearly agreed to be personal debts, or can prove that it belongs to the circumstances stipulated in the third paragraph of Article 19 of the Marriage Law.

2. Paragraph 2 of Article 17 of Several Specific Opinions of People's Courts on Handling Property Division in the Trial of Divorce Cases? The following debts cannot be regarded as the same debt of husband and wife, and should be paid off by one party with personal property:

(1) Debts agreed by husband and wife to be borne by individuals, except for the purpose of avoiding debts.

(2) without the consent of the other party, one party subsidizes the debts incurred by its relatives and friends who have no obligation to support.

(3) Without the consent of the other party, one party independently raises funds to engage in business activities, and its income is not used for debts incurred by the same generation.

(4) Other debts that should be borne by individuals.

Extended data:

Case:

Must both husband and wife repay the loan at the same time? Judge: Not necessarily.

201511910/5: 54 Source: People's Daily Online-Rule of Law Channel?

Does the wife have to repay the loan with her husband? That depends on the specific situation. The court in Pengjiang District, Jiangmen City, Guangdong Province tried a case of private lending, reminding people that only the debts incurred by a husband and wife for their * * * common life or * * * common interests can have the nature of * * * joint debts.

Recently, Pengjiang District People's Court made a judgment on the case of Liang's loan, arguing that the loan was Liang's personal debt because it was not used for the life or interests of husband and wife, and rejected the plaintiff's claim that Liang's husband Liu should bear the responsibility for repayment.

Plaintiff: The loan during the existence of husband and wife should be the same debt.

Defendant Liang Mouyan borrowed 275,000 yuan from the plaintiff on the grounds of difficulty in operating capital turnover. The two parties signed a loan contract, stipulating that the defendant Liang Moyan would borrow 275,000 yuan from the plaintiff, with the loan period from 20 14 17 10 to September 6, 20 14, and the interest would be calculated at the monthly interest rate of 2%.

If the defendant Liang Moyan fails to repay the principal and interest due, he shall pay a penalty of 20% of the total loan in addition to the interest. And stipulate the jurisdiction court of the dispute. After the contract was signed, the plaintiff delivered the payment to the defendant Liang by transfer. After the expiration of the loan period, the defendant Liang Mouyan refused to perform the repayment obligation for various reasons.

Defendant Liu and Defendant Liang are husband and wife. The defendant Liang borrowed money from the plaintiff during the existence of the husband and wife, which should be the same debt for the husband and wife. Therefore, the plaintiff brought a lawsuit to the court, demanding that the defendant Liang repay the loan principal of 275,000 yuan, interest and liquidated damages, and the defendant Liu was jointly and severally liable for the repayment of the above loan principal and interest.

Defendant: The wife's loan was not used for family personal debts.

Defendant Liu and Defendant Liang were husband and wife and got married on June 5th+1October 6th+1October 5th, 2007. During the trial, the defendant Liang Mouyan acknowledged the fact of borrowing, but disagreed with the amount of borrowing and the amount owed, saying that the total amount of borrowing should be 252,000 yuan, not 275,000 yuan. And has repaid the principal and interest of 48,530 yuan to the plaintiff through bank transfer and Alipay.

Liang did not borrow money for the husband and wife to live together or engage in legal business, nor did he get any benefit from the loan; The defendant Liang Moyan was also detained because the plaintiff complained to the public security organ about alleged fraud. Therefore, the defendant Liang Moyan's loan to the plaintiff is not the same debt as the husband and wife, but the personal debt of the defendant Liang Moyan, which should be borne by him personally.

Court: it is determined that the loan of one spouse is a personal debt.

During the trial, both the plaintiff and the defendant Liang confirmed that the principal of the loan owed by the defendant Liang was 253,044.4438+0 yuan, and the interest was 35,547,438+06 yuan.

The Pengjiang Court held that whether the debt during the marriage relationship belongs to the joint debt of husband and wife should be judged by whether the loan is used for the common life of husband and wife. According to the defendant Liu's application, the court seized four transcripts of Liang's interrogation from Shazaiwei Police Station of Pengjiang District Public Security Bureau in Jiangmen City, proving that the loan was used for:

It is used to repay personal debts and collect interest from bank repayment business on behalf of customers. The planned foreign trade business is not used for the daily life of husband and wife, and in just four months from 20 14 10 to May, the defendant Liang Moyan borrowed 275,000 yuan from the plaintiff, which was huge and obviously exceeded the needs of daily family life.

Therefore, the court found that Liang's loan to the plaintiff was Liang's personal debt, and did not support the plaintiff's claim that Liu should bear the same repayment responsibility.

People's Daily Online-Does one spouse have to repay the loan at the same time? Judge: Not necessarily.