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2 thoughts on “wholesale gemstone fashion jewelry Husband's debt was sued! Will the court freeze his wife's account? I hope friends who understand legal knowledge can tell me”
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avec jewelry wholesale If the husband does not have a fixed property or repayment ability, the court can freeze the common property of the husband and wife. If the husband is sued for personal debt, the court will freeze the husband's personal bank account and deduct funds to compensate the arrears. Generally, the wife's account will not be frozen.
[Legal analysis]
whether it will freeze the wife's account, depending on whether the debt owed by the husband is used for the common life of husband and wife. If the money is used in the daily life of the husband and wife, the court may not only be enforced by the husband alone, and the wife will also be enforced. Both parties' bank accounts may be frozen. If the husband owed to himself is used on himself, it will not affect his wife's bank account. However, under normal circumstances, the husband's foreign debt during the existence of the husband and wife is basically identified as a common debt. If the debtor filed a lawsuit, and his wife was sued together, the court would make a decision to seizes the property under his wife's name. The wife does not know and the arrears are not used for family life. The wife can choose to refuse to use personal property to settle the arrears for her husband. However, the court can still be enforced for the common property of the husband and wife. If the wife refuses to repay, she can prove to the court to prove that the deposit is her own personal property, so that the court can be exempted for enforcement.
[Personal suggestion]
This proves to the court that his wife has not used arrears or unknown, proves that deposits are their own personal property.
[Legal basis]
"The People's Republic of China"
1064 couples signed together or the husband and wife will be consent to the debt, as well as During the marriage relationship, the husband and wife were in the name of the family's daily life. During the marriage relationship, the husband and wife side exceeded the debt of the family's daily life during the duration of the marriage relationship. except.
It 1089 Divorce, the joint debt of the husband and wife shall be repaid together. If the common property is settled or the property is owned by each other, the agreement between the two parties is settled; if the agreement does not, the people's court will be judged.
wholesale travel jewelry organizer Pay content for time limit to check for freenAnswer Hello, I am a cooperative lawyer of Baidu Consultation. I have received your problem. There are more people who are currently consulting. Please wait a while to help you solve the problemnIf the wife was sued at the same time when the prosecution, the plaintiff was likely to apply for an account of the wife. If the husband is sued separately, the court cannot seize the wife's account, but the joint debt needs the husband and wife to bear it together.nThe court frozen the account of others generally has two situations: (1) Previous preparation or litigation preservation. Because of the plaintiff's application and provision of guarantees, the court frozen the defendant's deposit or account. The deadline for freezing is 6 months, and it will be 3 months in the future. (2) Application of the executive legal document application for the execution of the defendant. The defendant's identity is the executed person. After the court query the account of the person, it can freeze the deposit or account of the person. The account is prepared to pay to the applicant. As an account owner, if the court is considered illegal, preservation of frozen can be recalled; freezing can be proposed in the case of the case or objection to the case.nThank you for your consultation and wish you a happy life!nMore 2nBleak