When a husband and wife divorce, the transfer flow can be used as one of the evidences of debt, but it does not mean that it must be recognized as debt. It needs to be analyzed and judged according to the specific situation.
I. Legal provisions
According to the Marriage Law of the People's Republic of China, the property acquired by husband and wife during the marriage relationship, whether in the name of one party or both parties, should be regarded as the joint property of husband and wife. At the time of divorce, both husband and wife should divide their property according to the principle of fairness and justice. At the same time, the law also stipulates the scope and identification standards of joint debts of husband and wife.
Second, the nature of transfer flow.
The transfer flow is only a transaction record, which can only prove the existence of funds between husband and wife, but can't prove whether these funds are in the nature of debt. If these funds are used for daily living expenses, children's education, medical care and other legitimate purposes. And they are not beyond the scope of reasonable family expenses, then they should not be regarded as debts. However, if these funds are used for illegal purposes or beyond the reasonable expenditure range of families, they may be recognized as debts.
Third, the standard of debt determination.
When divorcing, if you need to identify the debts of the transfer flow, you need to comprehensively consider the following aspects:
1. Purpose and purpose of capital exchange: whether it is to meet the needs of family life or legal business.
2. The mode and frequency of capital exchange: whether it conforms to common sense and family life habits.
3. The amount and proportion of capital exchange: whether it matches the household income and expenditure.
4. Other relevant evidence: such as loan agreement and bank statement signed by both parties.
To sum up:
When a husband and wife divorce, the transfer flow can be used as one of the evidences of debt, but it does not mean that it must be recognized as debt. It needs to be analyzed and judged according to the specific situation. If you need to know more about the relationship between transfer flow and debt determination, it is recommended to consult a professional lawyer or legal adviser.