To Court for Divorce, Shocked to Learn Wife Owes Billions of VND, Must the Husband Share the Debt?

The greatest issue arising after divorce is the division of assets. The divorce rate in our country is increasing, and the number of disputes over assets post-divorce is likewise escalating with many complicated details. Among these, individual debts of the wife/husband are some of the most challenging cases to resolve.

In this edition of the “Three Minutes with a Lawyer” program by Dan Tri newspaper, Lawyer Nguyen Duc Chanh, a contributor to Thu Vien Phap Luat, will provide advice to readers on the joint responsibility of husband and wife for each other's debts during marriage.

Dear Lawyer, a reader sent the program a question as follows: “When my spouse and I got divorced, I found out that my wife owed others several billion dong. Meanwhile, my income is enough to support the family, and we don’t operate any business. Am I jointly responsible for paying my wife’s debts?”

According to Article 27 of the Law on Marriage and Family 2014, the husband and wife bear joint responsibility for transactions conducted by either party in the following cases:

- The husband or wife has the right and obligation to conduct transactions to meet the essential needs of the family.

- Other transactions compatible with the regulations on representation as stipulated in Article 24 (Basis for establishing representation between husband and wife), Article 25 (Representation between husband and wife in business relations), and Article 26 (Representation between husband and wife in case the certificate of ownership or certificate of land use rights of joint assets only bears the name of one spouse) of the Law on Marriage and Family 2014.

In your case, if your wife borrowed money from others without your knowledge, did not sign any debt papers, and cannot prove that the borrowed money was used to meet the essential needs of the family, such as paying for children’s education or household expenses, this debt is considered her individual debt. You are not jointly responsible for repaying it as it is not considered a joint debt during the marriage.

So, in what cases do spouses bear joint responsibility for debts, Lawyer?

According to Article 37 of the Law on Marriage and Family 2014, spouses have the following joint responsibilities regarding property:

1. Obligations arising from transactions established by both spouses, and obligations to compensate for damages as per legal stipulations for which both spouses are responsible;

2. Obligations incurred by either spouse to meet the essential needs of the family;

3. Obligations arising from the possession, use, and disposition of joint property;

4. Obligations arising from the use of individual property to maintain and develop the common property or to generate substantial income for the family;

5. Obligations to compensate for damages caused by children as prescribed by the Civil Code, which parents are required to compensate;

6. Other obligations as stipulated by relevant laws.

And what cases are considered individual property obligations of spouses, Lawyer?

According to Article 45 of the Law on Marriage and Family 2014, spouses have the following individual property obligations:

1. Obligations of each spouse existing before marriage;

2. Obligations arising from the possession, use, and disposal of individual property, except for obligations arising from the preservation, maintenance, and repair of individual property of the spouse as stipulated in Clause 4, Article 44 (In cases where spouses have individual property that generates income solely supporting the family, the disposal of this property requires the consent of both spouses) or Clause 4, Article 37 (Obligations arising from the use of individual property to maintain, develop common property, or generate a significant income for the family) of the Law on Marriage and Family 2014;

3. Obligations arising from transactions established and conducted by one spouse not for the family’s needs;

4. Obligations arising from the spouse’s unlawful conduct.

According to Dan Tri Newspaper

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