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Husband's credit card arrears: Why are couples being sued?

Legal analysis: If the husband is sued for overdue credit card repayment, the wife's personal property will be implicated. If the credit card is overdrawn during the marriage and the debt belongs to the same debt, the wife can be sued, but one of the husband and wife can prove that the creditor and the debtor clearly agree that it is a personal debt. If the husband's credit card loan is used for the husband and wife to live together, it belongs to the husband and wife's debt, and the wife shall bear the liability for repayment. On the contrary, if the wife has evidence to prove that the loan is not used for the husband and wife to live together, she will not be liable for repayment. It is a matter of course to pay back the debt. If you apply for a credit card from the bank and fail to repay the debt in time, the bank, as a creditor, can bring a civil lawsuit to the people's court with jurisdiction to claim your creditor's rights.

Legal basis: Article 164 of the Civil Code of the People's Republic of China

The debts incurred by both husband and wife * * * with the same signature or later ratification by one husband and wife, and the debts incurred by one husband and wife in their own name for the daily needs of the family during the marriage relationship belong to the same debt. The debts incurred by one of the husband and wife during the marriage relationship in their own name beyond the daily needs of the family do not belong to the same debts of husband and wife; However, the creditor can prove that the debt is used for the husband and wife's * * * life, * * * production and operation, or based on the same meaning of both husband and wife.

Article 166 During the marriage relationship, under any of the following circumstances, one of the spouses may request the people's court to divide the joint property: (1) one spouse has hidden, transferred, sold, damaged or squandered the joint property or forged the joint debt of the husband and wife, which seriously damages the interests of the husband and wife; (two) one party has the legal obligation to support people suffering from major diseases and need medical treatment, and the other party does not agree to pay the relevant medical expenses.

article 189th at the time of divorce, the husband and wife shall pay the debts together. * * * If the same property is not paid 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.