Both wives and husbands should know legal knowledge and protect their legitimate interests. Before answering this question, let's talk about an important concept in civil law: family agency.

What is a family agent?

Civil juristic acts carried out by one spouse for the needs of family daily life are valid for both spouses, unless otherwise agreed by one spouse and the other. The restriction between husband and wife on the scope of civil legal acts that one party can implement shall not be against the bona fide counterpart.

Understand the family agency, and then look at the legal provisions: Article 1064 of the Civil Code:

"The debts * * * signed by both husband and wife or ratified by one party afterwards, and the debts borne by one party in his own name for the daily needs of the family during the marriage relationship belong to the same debt of husband and wife. Debts incurred by one spouse in his own name during the marriage relationship that exceed the needs of family daily life are not joint debts of husband and wife; However, the creditor can prove that the debt is used for the husband and wife's life, production and operation, or based on the same meaning of both husband and wife. "

How to understand the needs of family daily life?

To put it simply, it is the necessary expenses such as food, clothing, housing, daily consumption, education and medical care for both husband and wife and their children in daily life.

As can be seen from the above, judging whether the husband and wife are in the same debt depends on where the borrowed money is spent. Is it for husband and wife to live together and run together?

1. If the husband and wife borrow debts in their own names during the marriage relationship (so it is useless to divorce after having debts), but they are used for daily expenses of the family, which belongs to the joint debts of the husband and wife, and the other party also needs to bear them.

2. If it exceeds the daily expenses of the family, it does not belong to the same debt of husband and wife; However, the creditor can prove that the debt is used for the life, production and operation of the husband and wife, or based on the expression of the same meaning of both husband and wife (such as one of the husband and wife also signs the legal document), and it still belongs to the husband and wife debt.

Lift chestnuts:

After Xiao Wang and Xiao Ming got married, Xiao Wang borrowed a sum of 300,000 yuan from his colleague Xiao Fang, and Xiao Ming didn't know it. A few years later, the two divorced because of their incompatible personalities. The two sides disputed whether the money that Xiao Wang borrowed from Xiao Fang was Xiao Wang's personal debt or the husband and wife's debt. According to the provisions of the Civil Law, can this loan be regarded as the same debt for husband and wife?

In the case of joint debts of husband and wife:

If Xiao Wang borrows money from Xiao Fang to buy a car to meet the daily needs of the family, it belongs to the relationship between husband and wife.

In the case of joint debts of husband and wife:

If the loan is not used for the daily life of the family, but the evidence submitted by Xiao Fang can prove that the loan is used for the company or shop run by Xiao Wang and Xiao Ming, then the loan belongs to both husband and wife.

Does not belong to the situation that husband and wife are in the same debt:

If Xiao Wang borrows 300,000 yuan from Xiaofang in his own name without telling Xiao Ming, and it is not used for family life, the loan is recognized as Xiao Wang's personal debt, and Xiao Ming will not bear the responsibility.

Answers to three common questions:

Debts during the separation of husband and wife.

Logically and rationally, it is unlikely that one spouse will use the borrowed money for the needs of husband and wife's life during their separation. Therefore, the debts incurred by one spouse in his own name during the period of separation between husband and wife, although still in the duration of the relationship between husband and wife, cannot be directly recognized as the same debts of husband and wife.

Illegal debts do not belong to husband and wife.

Gambling debts, civil tort liability, criminal fines and administrative fines owed by one spouse are all personal punishments, and cannot be regarded as joint debts of husband and wife.

Parents subsidize the problem of buying a house.

When parents contribute to help their children buy a house after marriage, if the original intention of parents' contribution is only a gift to their children, it is best to clarify the nature of the contribution in writing; Although this is different from China's national conditions, folk culture and habits, it is even more sad for ordinary families to buy a wedding room. Once the young couple began to divorce, it was even more sad for both sides to tear each other apart.