Traditional Culture Encyclopedia - Hotel reservation - Does the wife have the responsibility to pay her husband's debts?

Does the wife have the responsibility to pay her husband's debts?

Legal analysis: if the husband's loan is used for family life and business, the debt belongs to both husband and wife, and the wife has the obligation to repay it within the scope of husband and wife's property; If the husband's loan occurs before marriage, the debt is also his personal debt, and the wife does not bear the repayment obligation; If there is an agreement between husband and wife on the distribution and ownership of property during the marriage relationship: each property belongs to himself and each debt bears its own responsibilities, then the wife does not have to bear it.

Legal basis: the Supreme People's Court's Interpretation on the Application of Marriage and Family in the Civil Code of People's Republic of China (PRC) (I).

Article 25 During the marriage relationship, the following properties belong to "other properties that should be jointly owned by * * *" as stipulated in Article 1062 of the Civil Code:

(1) Income obtained by one party through personal property investment;

(2) Housing subsidies and housing accumulation funds actually obtained or should be obtained by both men and women;

(three) the basic pension and bankruptcy resettlement compensation actually obtained or should be obtained by both men and women.

Article 33 The people's court shall not support the creditor's claim against the debtor's spouse for the personal debt incurred by one party before marriage. But the creditor can prove that the debt is used for married families to live together.

Article 34 If a husband and wife collude with a third person to fabricate a debt, and the third person claims that the debt is a joint debt of the husband and wife, the people's court will not support it. The people's court will not support the debt incurred by one party due to illegal and criminal activities such as gambling and drug abuse, and the third party claims that the debt is the same debt for husband and wife.