How to deal with borrowing money after marriage and divorce? Legal analysis and case analysis
In recent years, as the divorce rate has increased, the issue of debt division after divorce has become a hot topic in society. This article combines the hot topics and laws and regulations on the Internet in the past 10 days, and provides you with a detailed analysis through structured data.
1. The legal nature of loans after marriage
According to Article 1064 of the Civil Code, whether a loan after marriage is a joint debt of husband and wife mainly depends on the following factors:
| Judgment criteria | specific situation | Debt attribution |
|---|---|---|
| co-sign | Both husband and wife jointly sign to confirm | common debt |
| ratified afterwards | After one party signs, the other party clearly acknowledges | common debt |
| family daily life | Used for children’s education, medical expenses, etc. | common debt |
| personal consumption | Borrowing that significantly exceeds household needs | personal debt |
2. Statistics of hot cases in 2023
By analyzing the public data on the China Judgment Documents Network, relevant cases in the past three months have the following characteristics:
| Case type | Proportion | Judgment tendency |
|---|---|---|
| Credit card debt disputes | 42% | 73% identified it as personal debt |
| Online loan platform borrowing | 28% | 65% needs to be borne jointly by both parties |
| Loans between friends and relatives | 18% | 89% need to provide proof of fund use |
| operating borrowings | 12% | Determination based on operating income distribution |
3. Debt settlement process after divorce
1.Debt clearance stage: It is necessary to collect all loan contracts, transfer records, proof of fund use and other evidence
2.nature identification stage: Determine whether it is a common household expense through bank statements, consumption records, etc.
3.negotiation stage: It is recommended to prioritize resolution through mediation. Common handling methods include:
| Processing method | Applicable situations | Things to note |
|---|---|---|
| debt translation | The borrower has the ability to repay | Requires creditor's consent |
| Proportional sharing | Partially used for household expenses | Need to clarify the basis for calculation |
| recovery compensation | One party repays first | Payment voucher needs to be retained |
4. Latest Judicial Practice Trends
1.Strengthened burden of proof: Starting from 2023, courts in many places will require borrowers to provide more detailed proof of fund flow.
2.virtual property inclusion: New forms of debt such as online lending and digital currency began to appear in judgments
3.credit repair mechanism: Some local courts have piloted a credit segregation system for divorce debts
5. Expert advice
1.When borrowing: Clearly agree on the purpose of the loan and keep the written agreement
2.duration of marriage: Establish independent financial accounts to avoid fund confusion
3.at the time of divorce: Entrust a professional agency to conduct a debt audit
4.after divorce: Promptly handle notarization of debt division and change of repayment agreement
Note: The statistical period of the data in this article is from August 1 to August 10, 2023. The legal basis is the current Civil Code and relevant judicial interpretations. It is recommended to consult a professional lawyer for specific case handling.
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