Do you still need to pay your ex-husband's debts after divorce? In China, the divorce rate is rising every year, and the biggest headache of divorce is the distribution of children and property. Many couples owe a lot of money in marriage, so after divorce, does the wife still need to repay her ex-husband's debt?

Do I still need to pay my ex-husband back after divorce?

Do two people need to pay each other's debts when they divorce?

If the husband and wife need to repay the same debt, but if it is a personal debt, they are not obliged to help each other pay back the money. At the time of divorce, the debts incurred by the husband and wife living together shall be paid off together. * * * If the property is insufficient to pay off, or if the property belongs to both parties, it shall be paid off by both parties through agreement; If the agreement fails, the people's court shall make a judgment.

Article 24 of the Supreme People's Court's Interpretation on Several Issues (II) stipulates that during the marriage relationship, if the creditor claims the right of one spouse's debt in his own name, it shall be deemed that the husband and wife are in the same debt. However, one of the spouses can prove that the creditor and the debtor clearly agreed to be personal debts, or can prove that it belongs to the situation stipulated in the third paragraph of Article 19 of the Marriage Law, that is, the property acquired by the husband and wife during the marriage relationship is agreed to belong to each other, and the foreign debts of the husband or wife are known to a third party.

legal provision

civil law

Article 1087 In case of divorce, the property of husband and wife shall be handled by mutual agreement; If no agreement is reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of children, wives and innocent parties. The rights and interests enjoyed by one spouse in the contracted management of family land are protected according to law.

Article 1089 In case of divorce, the husband and wife shall jointly pay off their debts. * * * If the same property is not paid off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment.