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Does husband's concealment of debts before marriage constitute cheating marriage?
Article 1064 of the Civil Code of People's Republic of China (PRC) * * * Debts owed by husband and wife * * * If one party signs or ratifies the debt in the same way afterwards, the debts incurred by one party in his own name for the needs of family daily life during the marriage relationship belong to the same debt of husband and wife.
Debts incurred by one spouse in his own name during the marriage relationship that exceed the needs of family daily life are not joint debts of husband and wife; However, the creditor can prove that the debt is used for the husband and wife's life, production and operation, or based on the same meaning of both husband and wife.
According to the above regulations, if the debt owed by your husband before marriage is used for the husband and wife to live together after marriage, then the debt belongs to your husband and wife and needs to be repaid by both of you. If it is not used for husband and wife to live together, then the debt belongs to your husband's personal debt and is paid by him alone.
Beijing professional marriage lawyers suggest that the main difference between husband and wife's personal debt and husband and wife's same debt lies in whether this debt is to meet the needs of both husband and wife, and if the creditor knows that this debt is not to meet the needs of both husband and wife, it belongs to personal debt; If this debt is to meet the needs of husband and wife, it is the debt of husband and wife. In short, judging the nature of debt depends on the purpose.
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