Can a “fake divorce” get out of the house and avoid debt?

2022-09-16 0 By

Can you avoid debt in this situation?@ Marriage Law Lawyer Chen husband and wife debt has always been a major difficulty in practice!Notice issued in February 2017, the Supreme Court couple debt, debt law about husband and wife, is on the part of unsuspecting spouse is very bad, citing the difficulty is very big, is there this kind of unreasonable rules, main is to protect the creditor, the containment of husband and wife jointly by from creditors to entrap the creditors “divorce” and other means.Later, the phenomenon of husbands and wives working together to defraud creditors did decrease, but the phenomenon of cheating spouses increased again!Therefore, article 24 of the Judicial Interpretation (II) of the Marriage Law was revised, and then the judicial interpretation of marital debt of the Supreme Court was issued, as well as the current Interpretation of civil Code and Family code to protect the unwitting spouse as much as possible.No matter be agreement divorce or lawsuit divorce, husband and wife 2 people are right of debt agreement or the court is right of debt processing, it is not effective to creditor!It only works for a couple.Because the creditor doesn’t know, the creditor can still Sue the couple.Creditors also have a common means is to exercise the right to cancel, although cannot cancel the divorce agreement, but can cancel the divorce agreement on the property of both husband and wife agreed content, confirm invalid.One caveat: The divorce agreement, or the court’s disposition of debt, does not apply to the creditor, but to the couple!If the creditor sues and the party not liable in the divorce agreement or judgment documents is judged to be liable by the court, the party may recover from the other party by virtue of the divorce agreement, judgment documents and other relevant evidence after assuming the debt.So avoiding debt through divorce is not an option.(Although it does not work, but between the reality of limited authority, some mobility, concealment of strong property transfer is not good after the chase, so, this kind of thing must be solved as soon as possible, do not drag!Moreover, nowadays, in divorce proceedings, many courts generally refuse to deal with the creditor’s rights and debts disputes involving outsiders, so that you can solve them separately.# Shenteng ## Fake Divorce