The children have grown up and the husband finds out and wants a divorce. How will these loans be handled? A2: Hello, if the wife is divorced due to cheating, the joint property should be distributed appropriately to the husband. If the more than 400,000 yuan in usury borrowed by

2025/01/0621:48:32 emotion 1427

The children have grown up and the husband wants a divorce after finding out. How will these loans be handled?
A2: Hello
, if a wife gets divorced due to cheating, the joint property should be distributed appropriately to the husband. If the more than 400,000 yuan in usury borrowed by the wife is not used for the husband and wife's life together, the wife should repay it by herself.
First of all, according to the provisions of Article 1087, Paragraph 1 of the " Civil Code ", when divorcing, the husband and wife can negotiate the settlement of the joint property of the husband and wife; if the agreement cannot be reached, the court will take care of the children, the woman and the independent spouse. Principle judgment on the rights and interests of the at-fault party. If there is evidence that the wife has cheated on her during the marriage, then the wife, as the at-fault party, should receive a smaller share of the property.
Secondly, Paragraph 2 of Article 1064 of the Civil Code stipulates that debts borne by one spouse in his or her own name during the marriage that exceed the daily needs of the family are not joint debts of the couple. If a wife borrows a high-interest loan without her husband's knowledge, it is a personal loan, and the borrowed money is used to buy gifts for a third party and is not used for joint living expenses of the couple. The debt should be repaid by the wife herself.
Finally, as the innocent party, the husband should promptly collect evidence that his wife cheated and bought gifts for a third party, such as chat records, dating photos, audio and video materials, shopping pictures, shopping receipts, etc., to safeguard his legitimate rights and interests. It should be noted that the legitimate rights and interests of others cannot be infringed upon when collecting evidence.
source: CCTV today’s statement

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