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Husband owes credit card and doesn't tell his wife.
Husband owes credit card and doesn't tell his wife.

My husband can't pay the credit card without telling his wife. Now many people will use credit cards or loans. However, once the online loan is overdue, the personal credit will have a bad record, which will affect the loan application on other platforms in the future. What is shared below is that my husband can't pay back the credit card without telling his wife.

If the credit card owed by the husband behind his wife's back does not reach 1, and the credit loan owed by the husband cannot be repaid, if the loan is jointly signed or ratified by the wife, or the loan is used for the daily living expenses of both parties, it constitutes the joint debt of the husband and wife. If the husband is unable to repay, the wife also has the responsibility to repay.

The effects of a husband's failure to pay a credit card on his wife are as follows:

1. If the credit card is used for family life, it shall be recognized as the joint debt of husband and wife, and the wife shall bear the repayment responsibility;

2. If it can be determined that the credit card arrears of the parties belong to the joint debt of the husband and wife, then the wife of the parties should also bear the repayment responsibility;

3. Credit card consumption is used for family expenses, but the wife's personal credit information will not be affected, and the personal credit information will be affected by the cardholder himself.

Creditors have the right to demand repayment from any debtor. Creditors who are jointly and severally liable may require one or several debtors or all debtors to repay all or part of their debts at the same time or successively.

Before the joint and several debts are fully performed, all debtors are still jointly and severally liable.

Is credit card a joint debt of husband and wife?

The law stipulates that the husband and wife's liability for debt repayment is joint and several. Whether divorced or not, this responsibility is shared by both parties. Creditors or banks also have the right to repay part or all of their debts to one or both spouses. This is out of order. When one party's property is insufficient to repay, the other party must bear the responsibility for repayment.

If credit card consumption is used for family daily living expenses, the court will determine that it belongs to the joint debt of husband and wife and should repay it together. For example, couples buy a house or decorate a house together, or buy household appliances and daily necessities to spend money on their children's education. Those who do not belong to these circumstances are regarded as the personal private property of one party and do not need to be repaid together.

In addition, there is the issue of joint liability of credit cards. There must be original evidence related to the credit card and evidence that the consumption comes from this credit card. Is this evidence true and legal? Only in this way can there be enough evidence to prove whether this credit card belongs to the joint debt of husband and wife.

Although the debt of a credit card can be clearly agreed whether one party or both parties repay it, the negative credit record generated by the overdue credit card will only be recorded in the name of the credit card registrant. During the marriage, if one spouse has a bad record of overdue credit card, it will also affect the credit of the other spouse.

For example, if the wife's credit card is overdue and the husband wants to apply for a loan in his own name, it may be affected and even rejected by the bank. When a husband and wife divorce, the negative influence on the other party will disappear.

When applying for divorce, the real estate debt originally belonged to common life, and should also be repaid together after divorce. When the common property of both parties is not enough to repay, or the property is divided into their own, both parties shall negotiate the repayment method and the proportion of repayment amount by themselves. If negotiation fails, the court will make a judgment.

Husband owes credit card and doesn't tell his wife. 2. What is the husband's responsibility for not paying his wife back for his credit card?

A husband owes a credit card, but fails to repay his wife. He may be jointly and severally liable for repayment. If credit card consumption is used for common family life, it shall be recognized as the joint debt of husband and wife. If one party's credit card debt can be identified as a joint debt of husband and wife, then the other party should also bear it. Otherwise, the other party has no obligation.

Legally speaking, all credit cards are personal. If there is no repayment, the personal credit record will be stained and the amount of malicious overdraft will be large. If all overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.

Article 196 of the Criminal Law Whoever commits credit card fraud under any of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan;

If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:

(1) Using a forged credit card;

(2) Using an invalid credit card;

(3) Fraudulent use of another person's credit card;

(4) malicious overdraft.

Two, the scope of joint debt of husband and wife includes the following aspects:

(a) the property purchased by one party with a pre-marital loan has been converted into the joint property of husband and wife, and the debts arising from the purchase of these properties;

(two) the debts incurred by the husband and wife because of the common life of the family;

(three) the debts incurred by the husband and wife in their joint production and business activities, or the debts incurred by one party's business income used for family life or jointly owned by the husband and wife;

(4) debts incurred by one or both spouses in treating diseases within the scope of legal obligations;

(five) debts incurred by raising children;

(six) debts incurred by supporting the elderly who have the obligation to support;

(seven) debts incurred to pay the education and training expenses of one or both spouses;

(eight) debts incurred to pay legitimate and necessary social communication expenses;

(nine) the debts agreed by the husband and wife agreement are joint debts;

(ten) other debts that should be recognized as joint debts of husband and wife.

Even if the credit card consumption is used for family expenses, the wife's personal credit will not be affected, and the personal credit will only be affected by the cardholder himself. In addition, in the case that both husband and wife are unable to repay the credit card, if the credit card is maliciously overdrawn to more than 6,543,800 yuan, the criminal responsibility of the husband should also be investigated.

The husband owed a credit card but didn't tell his wife. Will credit card arrears freeze spouse cards?

If one party owes a credit card, the property of the spouse shall not be frozen, but if the debt owed by the credit card belongs to the joint debt of the husband and wife, the property belonging to the debtor in the joint property of the husband and wife may be frozen. According to the law, the joint debts of husband and wife should be paid jointly. If the joint property is insufficient to pay off or the property belongs to each other, it shall be paid off by mutual agreement.

legal ground

Article 1089 of the Civil Code of People's Republic of China (PRC)

At the time of divorce, the joint debts of husband and wife are paid off by both parties. If the joint property is insufficient to pay off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment.

My husband's credit card has expired. Will my wife's card be frozen?

The overdue husband's credit card will generally not affect his wife's cards, including credit cards and bank cards, because the overdue credit card is not serious enough to freeze the spouse's property. But if the husband refuses to repay his credit card after the deadline, the bank will sue him. If the court accepts it, it will force it to repay, and the parties will ask their spouses to repay if they have no money.

Creditors who claim rights to debts incurred by one spouse in their own name during the marriage relationship shall be treated as joint debts of husband and wife.

My husband's credit card has expired. Theoretically, my wife needs help to repay the loan, because it is joint and several debts, but her bank account will not be frozen. The premise of freezing is that the court agrees with the bank's appeal and freezes her bank funds for repayment. Only in this way can the bank account be frozen.