Husband's online loan owes 400 thousand. Do you want a divorce?

Husband's online loan owes 400 thousand. Do you want a divorce?

Husband owes 400,000 yuan in online loans. Whether we are divorced or not, different people, things and things in our lives can easily affect our emotions and emotions. Different people will have different feelings and influences, especially through marriage. The following shares the husband's online loan arrears of 400,000. Do you want a divorce?

Husband's online loan owes 400 thousand. Do you want a divorce 1 legal analysis: freedom of marriage, you can divorce. According to the law, if one party has bad hobbies such as gambling and drug abuse, and the other party files a divorce lawsuit, the court mediation is invalid and a divorce should be decided. Moreover, the husband's online loan is his personal debt, and the wife does not need to be responsible for repayment.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 1076 If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.

Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.

When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.

In any of the following circumstances, if mediation fails, divorce shall be granted:

(a) bigamy or cohabitation with others;

(2) committing domestic violence or abusing or abandoning family members;

(three) gambling, drug abuse and other bad habits;

(four) separated for two years due to emotional discord;

(5) Other circumstances that lead to the breakdown of the marriage relationship.

If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.

Husband owes 400,000 yuan in online loans. Do you want a divorce? My husband owes 400,000 yuan to help pay it off. We're getting divorced.

Every day with you makes me miserable. Let's go, each child takes one, he said. I feel relieved to hear that.

My husband is 84 years old and has a college degree. At present, I work as a contract worker in the town government of a fourth-tier city, with an annual income of about 40,000-50,000. I have three books in 1985, engaged in foreign trade business in local foreign trade factories, with an annual income of about 654.38+ 10,000. We met at the end of 10 and got married on 12. My parents-in-law always have three children. The eldest son is 45 years old, the second daughter is 44 years old, and the youngest son is 38 years old, which is my husband.

In 2009, my parents-in-law sold their house, bought two houses in Guangzhou and lived with their eldest son. During this period, because the living habits and weather in Guangzhou were not suitable, they sold both houses in 10, and went back to a town in a fourth-tier city in Zhejiang to buy a landing house without a certificate, which cost 1.3 million. Most of the subsequent arguments were about this unlicensed house.

When I met my husband at that time, I felt that this family really had the courage and vision to sell the house in a small town and move to a big city. Just when we were about to get married, my father-in-law felt that since we were going back to the afterlife, we should buy us a wedding room, which is the kind of unlicensed landing room, the simplest white wall decoration, and we are not married yet. At that time, my father asked them whose name this real estate license was. My sister-in-law was the matchmaker and said: The real estate license is being processed, which is his father's name.

Then I think it is understandable to write the old man's name in my hometown house, because I am pregnant, the wedding is very simple, and even the wedding dress is borrowed from their relatives. My sister-in-law's matchmaker asked for a penny of the gift money, and both men and women paid 40 thousand for a car, so I put up with it. Who knows they will sell out both sets in Guangzhou!

Now that I am married, I think Guangzhou can be sold and live a good life. /kloc-in 0/5 years, I had tens of thousands of deposits from my mother and wanted to buy a house decorated by myself. /kloc-in 0/5, my original intention was to go to a big city like Hangzhou or Guangzhou, but I was too young to understand the process at that time, so I went to the real estate of a local big developer to experience the live lottery and then went to Hangzhou to see it before making a decision.

That time I took my father-in-law away with a lottery ticket was the most regrettable thing in my life. My father-in-law saw the house of that big developer and liked it very much. He has been encouraging us to buy it. He will find a way. The site has less than 5 minutes to consider. After listening to his father-in-law, I understand that he wants to buy this house for us to live in. Isn't that terrible? Finally, I paid a deposit of 654.38 million in a muddle.

Later, he said there was a way to sell our suite, just decorate it for us, and pay the down payment and mortgage! This 89 three-bedroom and one-bedroom apartment, because he paid for the renovation, I was pregnant with a second child, and my father-in-law simply renovated the house into a rural style with two bedrooms and two bathrooms! Call me in-laws and live in this house until I die!

Here we are 16. Dabao is in the kindergarten and Bauer is in the belly. The more I think about it, the angrier I get. I can't make a decision about the renovation of the house I paid for. First, I want to go to Hangzhou to give my children a better school district. Second, I want to stay away from my in-laws So I often quarrel with my father-in-law The house was abandoned, and the money was returned to us to buy a house in Hangzhou. My father-in-law really figured out a way to get his eldest son to buy our small house.

In addition, my husband was lucky enough to earn hundreds of thousands in online finance and bought a car of 200,000. They still have about 500,000-600,000. At the G20 Summit in 65438+2006, I strongly realized that there would be a wave of increase during the National Day, so I asked my husband to drive to Hangzhou to buy a house. Who thought that my father-in-law panicked and said that I was pregnant for seven months and would not run around, so I had a big fight at home?

It's also bad luck, so I have to wait until I have a baby before going to Hangzhou to see the house. 17 years, I was restricted from buying. But you have to buy it. There are only houses and apartments in Dajiangdong, and the location of Dajiangdong is so biased that you don't like it. Finally, you bought a small apartment with two keys in Binjiang and an apartment in East Station, with a total value of 6.5438+0.5 million.

My husband and his brother have always had a bad relationship and didn't want to live in his brother's house, so later we scraped together some money to redeem the house in the town. But the result is a monthly mortgage of 10 thousand. Fortunately, we still have a landed house, earning about 4,000 yuan a month, and I have a second child to rest at home, so my husband will be responsible for the monthly mortgage and family expenses of more than 5,000 yuan. In order to lighten his burden, I went out to work when Bauer 10 was a month old.

In addition, I sold my apartment in East Station on 18, and paid about 100000 yuan to pay off my husband's mortgage, so by 19, the rent of the apartment in Binjiang can be deducted from the mortgage. Now we can breathe a sigh of relief.

In 2 1 year, Bauer went to kindergarten, but unfortunately Dabao failed to go to primary school in Hangzhou. This is also an opportunity. At that time, the hukou had been transferred to Hangzhou, and he wanted to sell the unlicensed small property right landing house and replace it with a hukou in Hangzhou, but he could not sell it for two or three years. 2 1.8 months, in order to send Bauer to school, he had to sell his apartment in Binjiang, and sold it for 1.3 million yuan. Excluding the mortgage, there are 900 thousand left in hand. At this time, the market price of small property houses in the town is 900,000, and no one cares.

Just when I was looking forward to studying and living in Hangzhou, in August of February1,I registered a hot couple in Xiting and needed to ask my husband for credit information. At this time, it is like a bolt from the blue. My husband's credit card debt and online loan debt totaled 400,000.

My dream of going to Hangzhou to buy a house and settle down was shattered again. My husband and I had a big fight and went back to my parents' house 1 month. Later, he confessed to me that 15 earned hundreds of thousands of dollars in online finance, but later he could not make any money, but he lost some money. I work as a contract worker in the town government, earning more than 3000 yuan a month, and I can only pay part of the interest. I calculated that the interest is more than 65438+ ten thousand.

Fortunately, we also have a school district in the town. I decided to pay 200,000 yuan for my husband. He sold the car for 75,000 yuan and asked him to pay off the balance within one year. Family expenses are temporarily deducted from the savings of selling apartments in Hangzhou.

By the way, before that, we had no sex for over 1 year, so I came back and wanted to start a good life again. My husband has a bad temper, so I told my relatives about his debts. He felt ashamed and timid, so no matter what I do at home, he will still be angry with me.

Once he bought good food early in the morning and came back to cook his favorite chopped green onion and fried ribs. I'm also glad to see him and the children eat all the food. In the afternoon, my husband went to the landing room to clean the rental room. After dinner, I was in a hurry to send my children to make up lessons, and I didn't have time to clean up the dishes on the table. When my husband came back, he was furious, and the dining table and kitchen were filled with smoke. He shouted on the phone: Don't burn it next time, burn it.

I got up early the next morning and swore. I felt very wronged. He doesn't pay or contribute. Why should I put up with his bad temper? This is for the big ye! Because he is the youngest son in the family, his parents have arranged everything since he was a child, which makes him feel that everything others have done for him is taken for granted, and he has no feelings of gratitude, not to mention. . I had a big fight. I used to cry that he was pushing his luck, but now I want to change and become more aggressive, in order to protect my children and myself!

My heart is cold, too For this family, I supported him to buy a car, open a shop and stock market, and spent no less than 300,000-400,000. Most of them went to Shui Piao and later helped pay off 200,000 yuan. He said he didn't appreciate it, and he was also involved in the money for selling the house. I said that I originally bought a school district house for his children, and he lost money in buying a house!

In recent years, my mother-in-law and I have been raising children. My mother-in-law takes care of the family during the day, and I come back to help with my homework and take care of the children at night. Most husbands lie down and play with their mobile phones. In recent years, he refused to give me money on the grounds of repaying the mortgage. I earn all the expenses at home from my work. He didn't pay, he didn't contribute, but he still owed so much. He has a bad temper and always scolds me for sarcasm on such days.

Husband's online loan owes 400 thousand. Do you want a divorce? 3 How can a husband protect himself from debts?

If the husband and wife are not in the same debt, the wife may not be liable for repayment.

(A) the husband and wife * * * with the scope of debt

At present, in the trial of divorce cases, the legal provisions on the joint debt of husband and wife mainly come from two aspects:

"Where a creditor claims rights for debts incurred by one of the spouses in the name of an individual during the marriage relationship, it shall be regarded as the debts of the husband and wife. However, unless one of the spouses can prove that the creditor and the debtor have clearly agreed to be personal debts, or can prove that they belong to other prescribed circumstances. "

"If the divorce agreement of the parties or the judgment, ruling or conciliation statement of the people's court has dealt with the division of husband and wife's property, the creditor still has the right to claim rights from both men and women for the same debt of husband and wife. If one party claims compensation from the other party based on the divorce agreement or the legal documents of the people's court after assuming joint and several liability for debt repayment, the people's court shall support it. "

"If one of the spouses dies, the surviving spouse shall be jointly and severally liable for the debts during the marriage relationship."

The determination of whether the debt in a loan dispute case belongs to the same debt of husband and wife or personal debt should first take the provisions of Article 24 of Judicial Interpretation of Marriage Law (II) as the basic principle, that is, during the marriage relationship, if the creditor claims the debt incurred by one of the husband and wife in his own name, it should be considered as the same debt of husband and wife.

At the same time, two factors should be considered: first, whether the husband and wife have agreed to borrow money together, and second, whether the debt is used for the husband and wife to live together. These two factors are exceptions to the basic principle. If one party has enough evidence to prove that the husband and wife have no agreement to jointly borrow money or the debt is not used for the husband and wife to live together, the debt can be recognized as personal debt of the husband and wife.

In the trial of private lending disputes, how to determine the joint liability of the debtor's spouse should also be comprehensively considered from the following aspects:

-Party B borrows money to engage in business activities. Where a husband and wife borrow money to engage in business activities, except that the loan is contracted from individual industrial and commercial households and rural areas, the debts they bear should be considered on the basis of whether one party has obtained the consent of the other party and whether the income from the borrower's business activities has become the common property of the husband and wife. Should the other party bear joint and several liability?

One of the husband and wife borrows money from others in order to start a business in partnership with a friend, and the other party does not know the fact of the loan, and the partnership has not yet produced benefits or the borrower uses the income of the enterprise for other purposes. Then, the debt should not be paid off with the joint property of husband and wife.

(1) Whether the loan of one party belongs to the debt of living together or fulfilling the obligation of raising and supporting. For this kind of loan, we must first know what the purpose of one spouse's loan is. There are several cases of "living together to support the family", such as buying family necessities (making a living and solving food and clothing), medicines or hospitalization expenses, and buying commercial houses where husband and wife live together. "Fulfilling the obligation of support and maintenance" should include: the loan for the normal living expenses of the person who has the obligation of support.

For example, borrowing money for the maintenance expenses of their parents; Loans for married women to fulfill their obligations of raising robes and live and study normally. Whether one party borrows money without the consent of the other party to subsidize the debts of his relatives and friends who have no obligation to support.

For this kind of loan, we should consider the improper exercise of the right to borrow between husband and wife. If one party borrows money without the consent of the other party to finance the debts owed by its relatives and friends who have no obligation to support, whether it is a joint debt of husband and wife shall be determined on the premise of the consent of one spouse.

(2) Debt of intellectual investment of husband and wife. During the marriage, husband and wife borrow money for going to college, studying abroad or learning a certain skill. This kind of intellectual investment loan for husband and wife can not be generalized, but depends on the income of one or both husband and wife after intellectual investment.

For example, if one party raises funds for studying abroad for the other party and borrows a lot of debts, the divorced party does not benefit, which should be regarded as the personal debt of the party going abroad, and the party going abroad is responsible for repayment. If one party, after learning professional skills and skills, uses the money he has learned to live with his family, then his debts should also belong to both husband and wife.

(B) the scope of personal debts of husband and wife

"The debts incurred by husband and wife due to * * * living together or performing the obligation of raising and supporting shall be recognized as the debts of husband and wife, and shall be paid off with the property of husband and wife at the time of divorce. The following debts cannot be regarded as the same debt of husband and wife, but should be paid off with one party's personal property:

(1) Where the husband and wife agree that the individual shall bear the debt, except for the purpose of evading the debt;

(2) Without the consent of the other party, one party subsidizes the debts of its relatives and friends who have no obligation to support;

(3) Without the consent of the other party, one party raises funds separately to engage in business activities, and the proceeds are not used for the debts incurred by the same students;

4. Other debts that should be borne by individuals. "