Consulting question: does the husband / wife have joint and several liability for all debts?
Lawyer answer: Lawyer
No, if it is a joint debt between husband and wife, there is joint and several liability.
The joint debt of husband and wife refers to the debt undertaken by both husband and wife to live together and perform their legal maintenance obligations during the duration of the marriage relationship. Generally, it includes the activities such as clothing, food, housing, transportation and medicine required by the husband and wife to solve the common life during the duration of the marriage relationship, as well as the debts arising from the performance of legal obligations, common property and business process.
Joint debt must have two characteristics: one is during the existence of joint life or marital relationship; Second, the responsibility to fulfill legal obligations. It mainly includes the following contents:
1. Debts of husband and wife living together. Liabilities for purchasing ordinary daily necessities; Debts arising from the purchase and decoration of houses living together; Debt incurred to pay a party's medical expenses.
2.debts incurred by the husband wife jointly engaging in production business activities.
3.Debts arising from the performance of legal maintenance obligations.
4. Debts incurred by one or both husband and wife to pay education and training expenses.
5. Debts incurred to pay for legitimate and necessary social interactions.
6. Debts incurred by one or both husband and wife due to the performance of legal maintenance obligations.
7. Debts agreed as joint debts by husband and wife agreement.
In fact, on the issue of daily debt treatment, there are many cases where the husband owes debts and the wife is jointly and severally liable. Many cases are because the wife can not provide sufficient evidence to prove that there is no relationship between the husband's debts, that is, if the husband's debts are related to the husband and wife's common life, the wife needs to bear the corresponding joint and several liability. Generally speaking, the wife is also responsible for paying her husband's foreign debt. At this time, the debt is recognized as the joint debt of husband and wife, unless the wife can prove that the debt is the personal debt of husband and wife.