During the marriage relationship, if one party forges the debts of the husband and wife, the other party may request the people's court to divide the property of the husband and wife. Generally speaking, husband and wife can't divide the same property within the marriage relationship, unless there is a major reason, such as one party has hidden, transferred, sold, damaged, squandered the same property or forged the same debt, which seriously harms the interests of husband and wife. When divorcing, if one party is found to collude with others to forge the joint debts of the husband and wife, when dividing the joint property of the husband and wife, the party who forged the debts may be given less or no points. After the divorce, if the other party is found to have forged debts in an attempt to occupy the other party's property, it may bring a lawsuit to the people's court and request to divide the husband and wife's property again. You can bring a lawsuit to the court within two years from the day after the discovery. After divorce, if one party is found to have forged the same debts of the husband and wife, when requesting the court to re-divide the property, it can also request more property, and the court will make a judgment according to the actual situation.
How to prevent husband and wife from forging debts?
1. If the loan is not used for the needs of family life, it can only be counted as the personal debt of the other party and should not be borne by the spouse. In litigation, if there is only one IOU, the creditor will not testify in court, and the IOU will generally not be recognized. The creditor who found the debt asked to explain the ins and outs of the debt formation. Fake creditors mostly fabricate reasons why the other party borrows money from the other party because of the company's business needs. If the debt is not used for shareholders' investment, it should not be borne by individuals. Explain the falsity of the loan from the time of borrowing, or there is no need to use the loan to achieve the purpose of not acknowledging the debt.
According to the regulations, as long as it is within the scope prescribed by law, the debts of husband and wife can be agreed. But such an agreement can only produce the legal effect between husband and wife, but not against creditors. Therefore, even if the husband and wife have agreed to bear the debt, the creditor can claim the debt from either of them.
legal ground
Criminal law of the people's Republic of China
Article 193 Whoever defrauds a bank or other financial institution of loans for the purpose of illegal possession under any of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) fabricating false reasons such as introducing funds and projects;
(two) the use of false economic contracts;
(3) using false documents;
(four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral;
(5) obtaining loans by other means.