Husband borrows money for gambling, does wife have to pay the debt?

During the process of living together, it is very common for couples to incur common debts or separate debts. Therefore, the law also has provisions to regulate these issues.

On joint debts: Debts arising from transactions agreed upon by the husband and wife, or from the obligation to compensate for damages for which the husband and wife are jointly responsible according to the law.

Debts incurred by the husband or wife to meet the essential needs of the family; Debts arising from the possession, use, and disposal of common property; Debts arising from the use of private property to maintain and develop common property or to create the main source of income for the family

Debts arising from the obligation to compensate for damages caused by children that, according to the provisions of the Civil Code, parents must compensate; Debts arising from other obligations as prescribed by relevant laws.

For private debts: Debts of each spouse before marriage; Debts arising from the possession, use, and disposal of separate property, except for obligations arising from the preservation, maintenance, and repair of the separate property of the spouses, where the profits and income from such separate property are the sole source of livelihood for the family, or arising from the use of separate property to maintain and develop the common property or to create the main source of income for the family, are still considered common debts of the husband and wife; Debts arising from transactions established and performed by one party not for the needs of the family; Debts arising from illegal acts of the husband and wife.

Master, lawyer Nguyen Duc Hung, Director of Thien Duyen Law Firm, Hanoi Bar Association analyzed: In the case where the husband borrows money for the purpose of betting on football or gambling, it is an illegal act, not for the family's needs. Therefore, if this loan transaction is carried out by the husband alone, the wife does not participate in establishing it, according to the provisions of Clause 3, Article 45 of the 2014 Law on Marriage and Family, it will be considered the husband's personal debt and the wife will not be obliged to pay this debt.

Upon divorce, the debt repayment obligations of the husband and wife for the joint debts with a third party remain in effect. Therefore, after the divorce, the husband and wife are still jointly responsible for the debt repayment obligations to the third party.

First of all, the settlement of the joint debt obligation will be based on the free and voluntary agreement between the husband, wife and a third party (the lender). If the parties cannot negotiate, agree and reach an agreement with each other, they have the right to request the court to resolve. At that time, the court will consider and settle the debt obligation, as well as divide the debt obligation between the husband and wife according to the provisions of Articles 27, 37 and 45 of the Law on Marriage and Family 2014 and the provisions of the Civil Code.

"Depending on the request of the parties involved, the settlement of the debt payment obligation of the husband and wife to a third party will be resolved together with the divorce case, or it can also be resolved in another independent case," said Lawyer Nguyen Duc Hung.