My husband owes a lot of money for gambling. If we agree to divorce, can the debtor collect it from me? No, the debts owed by the man because of gambling are not the same debts of the husband and wife.
According to the Supreme People's Court's Several Specific Opinions on People's Courts Handling Divorce Cases:
When trying divorce cases, the people's courts should distinguish personal property, marital property and family property according to the Marriage Law of the People's Republic of China, the Law of People's Republic of China (PRC) on the Protection of Women's Rights and Interests and other relevant laws, adhere to equality between men and women, protect the legitimate rights and interests of women and children, and take care of and respect the innocent party. According to the above principles, combined with trial practice, the following specific opinions are put forward:
17. The debts incurred by husband and wife due to * * * living together or performing the obligation of raising and supporting shall be recognized as * * * debts of husband and wife, and shall be paid off with * * * property of husband and wife at the time of divorce.
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 the 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.
The debts between husband and wife should be legal debts caused by legal acts. Husband and wife debt mainly includes:
1, debts arising from raising children and supporting the elderly;
2. Debts arising from purchasing daily necessities;
3. Debts arising from the treatment of one or both spouses or children and the elderly;
4. Both husband and wife are engaged in self-employment and owe debts to others;
5. Before marriage, if one party borrows money to buy a house and other property becomes the joint property of husband and wife, the debts incurred by borrowing money to buy the property;
6. The property acquired by both husband and wife or one of them by inheritance belongs to the common property of husband and wife, and the debts shared by inheritance also belong to the same debt.
Therefore, the debts arising from illegal acts are not among the debts of husband and wife. The debts arising from illegal acts should also be personal debts, which have nothing to do with the other spouse.
Because my husband was having an affair, we agreed to divorce, and my husband went out clean, and all the debts and things were borne by me. How to write a divorce agreement? Er ~ ~ Dear ~ You'd better not ask this question here ~ ~ Just go to a local professional law firm and find someone to draft a copy ~ ~ You still have to find a lawyer to draft this thing with a maximum of 400 yuan ~ ~ Don't write it yourself ~ ~ It doesn't count ~ ~
My husband cheated on me, and now I want to reach an agreement on how to write a divorce contract. My divorce papers.
Male: XXX, male, Han nationality, born in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Female: XXX, female, Han nationality, born on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ After consultation, the two parties reached an agreement and concluded a divorce agreement as follows: 1. Both men and women voluntarily divorce. Two, children's support, maintenance and visitation rights:
The son (daughter) is raised by the woman and lives with her. Maintenance (including maintenance, education and medical expenses) shall be borne by the man. The man shall, before _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The man can visit the children raised by the woman at any time without affecting their study and life.
(1) deposit: the existing bank deposits in the names of both parties are * * _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Distribution method: the deposits in their respective names remain unchanged, but the man and the woman should pay _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(2) Houses: Disposal of creditor's rights and debts of all the houses owned by husband and wife in ××××:
Both parties confirm that there is no debt during the marriage relationship. If either party has foreign debts, it shall be borne by the debtor. (The debts borrowed by Party A on _ _ _ _ shall be borne by Party A) V. Responsibility of one party to conceal or transfer the joint property of husband and wife:
Both parties confirm that the joint property of husband and wife has been clearly listed in Article 3 above. Except for the above-mentioned houses, furniture, household appliances and bank deposits, there is no other property, and either party shall guarantee the authenticity of all the above-mentioned marital property.
Intransitive verbs: financial aid and moral compensation;
Because of the woman's living difficulties, the man agreed to pay her a one-time compensation financial aid of RMB _ _ _. In view of the reason why the man asked for a divorce, the man should compensate the woman for mental damage in one lump sum. All the money that the above-mentioned man should pay should be paid before _ _ _ _ _. This agreement is made in triplicate, one for each party and one for the marriage registration authority, which shall come into effect as of the date when the marriage registration authority issues the divorce certificate.
Male: (signature) female: (signature) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (signature) male.
My husband has cheated on me four or five times, and now he wants a divorce. What would he do? You have sued for divorce many times. If the court thinks that your relationship has really broken down, divorce. More family property can be obtained mainly by obtaining evidence of the husband's infidelity. Here, honey.
Hello, my husband and I agreed to divorce, and all the debts were borne by him alone, and the children were mine. Because the information you provided is too simple, the lawyer can't make a comprehensive and accurate judgment! The simple answer is as follows: you can sign a marital property agreement with the other party to stipulate the marital debt and child support during divorce (this is controversial, but you can first agree to express the objective and true meaning of both parties). In principle, the property agreement between husband and wife should be in written form, preferably in the form of notarization. In order to prevent one party from going back on its word afterwards and protect some clauses from being invalid, it is best to have a third party, including classmates, friends and neighbors, as witnesses when signing the agreement. There are clear provisions in the draft on the scope and ownership of premarital property of both parties and the handling of husband and wife's debts. During the existence of the relationship between husband and wife, the foreign debts of one or both parties belong to the same debt of husband and wife. However, there are two exceptions: (1) The debts incurred by one spouse "before marriage" should be personal debts, but the creditor can prove that the debts incurred are "used for the married family to live together" and should be regarded as the same debts of husband and wife (Article 23 of Interpretation of Marriage Law (II)); (2) During the marriage relationship, the debts incurred by one spouse in his own name, if the other spouse can prove that "the creditor and the debtor agreed to be personal debts" or "the creditor knew that the property agreed by the husband and wife was owned by the individual at the time of the debt occurrence", shall be recognized as personal debts of the husband and wife (Article 24 of Interpretation of Marriage Law (II)). Accordingly, the agreement of husband and wife's debt is only internal, and the creditor can claim compensation from the other party after claiming it. However, some scholars ...
After my husband cheated, if we don't divorce, can our feelings go back to the past? Hello, if he truly repents, you can forgive him and give him a chance, then try to go back to the past. Otherwise, divorce. You can't stay married alone. Forgiveness breaks the causal chain, because those who forgive you out of love bear all the consequences of your actions alone. Therefore, forgiveness must be accompanied by sacrifice. In fact, the impact of divorce itself on children is limited. Many children in single-parent families have problems, mainly because children lack love and high-quality love! Therefore, as long as your care and love for children remain unchanged, you can further improve the quality of love. I believe that the father of the child will not love the child because of divorce. If he really doesn't care about children, it's not because of divorce, but because he already has problems. For children, the living environment is the most important. How much harm will frequent quarrels, violence and cold violence do to children's young minds? It is better to divorce and let the children have a peaceful environment. You can let your children know that we can bravely say no to the unbearable state of life. There are many examples that children from divorced families can grow up healthily! When your child grows up, he will definitely support you and will never blame you. The most important thing is to improve the quality of love for children and educate them well. Watching children grow up healthily is actually a kind of enjoyment.
Is it legal for one party to agree to divorce and repay all debts and bank loans? Voluntary signature truly means that it does not violate laws and regulations, is capable and has legal effect.
How much should the cheating party pay for the divorce? My husband cheated his classmates. I ask you to be in good spirits. If a husband and wife divorce because of the wrong behavior stipulated by law, the innocent party has the right to ask the other party to compensate for the losses suffered by the divorce.
According to Article 46 of the Marriage Law, in case of divorce due to one of the following circumstances, the innocent party has the right to claim damages: (1) bigamy, (2) cohabitation of a spouse with others, (3) domestic violence and (4) maltreatment and abandonment of family members.
In addition to the above four legal faults, adultery, drug abuse, gambling and other faults do not constitute the conditions for compensation for mental damage in divorce. In addition, if one party openly cohabits with others and the other party commits domestic violence, abuse or abandonment, neither party has the right to claim damages on the grounds that both parties have legal faults in divorce.
The harmful consequences of wrong behavior must be the direct result of divorce. If one of the spouses has a legal fault, but it does not lead to divorce, it will not be able to obtain damages.
Article 47 of the Marriage Law: When one party conceals, transfers, sells or destroys the property jointly owned by the husband and wife, or forges debts in an attempt to seize the property of the other party, when dividing the property jointly owned by the husband and wife, the party who conceals, transfers, sells or destroys the property jointly owned by the husband and wife or forges debts may be given less or no share.
After the divorce, if the other party finds the above-mentioned behavior, it may bring a lawsuit to the people's court and request to divide the husband and wife's property again.
To sum up, according to your question about "how much compensation should the derailed party pay"; According to the relevant provisions of the Supreme People's Court's Interpretation on Several Issues Concerning Determining the Liability for Compensation for Spiritual Damage in Civil Tort, the legal basis for the innocent party to request compensation for mental damage due to extramarital affairs is that its personal dignity has been damaged. However, the amount of mental compensation needs to be determined according to the degree of fault of the infringer, the means and occasions of infringement, the consequences of infringement, the economic ability of the infringer and the average living standard of the court where the defendant is located. It should be noted that this kind of compensation is a kind of compensation, and the amount will not be too large. Therefore, if one party's cheating behavior is serious and the other party's personal dignity is damaged, you can claim compensation when you file a divorce lawsuit. However, divorce proceedings must be filed at the same time, and compensation cannot be claimed during the marriage relationship.
See hnlscww for more information.
My husband and I agreed to divorce, all the property belongs to me, and the foreign debt belongs to him. Will it take effect in law? It will take effect after mutual consent, but it is only binding on both of you. If, during the marriage, it is ok for the creditor to claim to pay off the debt with the property belonging to you, the lawsuit will also be supported by the court.
So if it's voluntary, you can, but if you want to avoid debt, you can't. You still have to pay back the money that your ex-husband didn't pay back. This kind of treatment will not do you much good, and you have to face all kinds of debt collectors.