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Which debt belongs to the joint debt of husband and wife?

date:2019/11/26 Clicks:68
The joint debt of husband and wife refers to the debt that husband and wife live together because of marriage and fulfill the legal maintenance obligation during the marriage relationship.
Article 24 of Interpretation of the Supreme People’s Court about Several Problems Concerning the Application of the Marriage Law of the People’s Republic of China (II) stipulated that: “ During the existence of the marriage, if either the husband or wife files a claim for a personal debt in the name of one party, the debt shall be treated as a joint debt of the husband and wife, unless either the husband or wife is able to prove that the creditor and the debtor have clearly stipulated it as a personal debt or to show that the debt is under any of the circumstance as prescribed in the third paragraph of Article 19 of the Marriage Law.”
The debts incurred by the joint intention of the husband and wife, such as the joint signature of the husband and wife or the subsequent ratification by the husband and wife, shall be regarded as the joint debts of the husband and wife.
In judicial practice, the scope of joint debts of husband and wife can be roughly divided into the following categories:
(1) The debts incurred by the couple for the joint life of the family;
(2) The debts incurred by one or both of husband and wife to fulfill their legal maintenance obligations;
(3) The debts incurred in fulfilling statutory maintenance obligations;
(4) The debts incurred to pay the education and training expenses of one or both spouses;
(5) The debts incurred to pay for proper and necessary social intercourse;
(6) The debts incurred by the husband and wife jointly engaged in production and business operations;
(7) The debt that husband and wife agree to be joint debt;
(8) If the property purchased by one party before marriage has been converted into the joint property of husband and wife, the debt incurred for the purchase of such property shall be the joint debt of husband and wife.
Author of this article:
Mingsheng LU
Chief Attorney of BONBONWU, Partner Attorney of Dentons (China), which consists of 45 offices and spans all of provinces and autonomous regions of China.
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