Will credit card arrears freeze assets in your spouse's name? In fact, we should all pay more attention to legal knowledge, because law has a great influence on our life and future development. There is a lot of knowledge in the law, such as credit card arrears, so will credit card arrears freeze the assets in your spouse's name?

Will credit card arrears freeze assets in your spouse's name? 1 If one party owes a credit card, it will not freeze the spouse's property, but if the debt owed by the credit card belongs to the husband and wife's joint property, it can freeze the property belonging to the debtor in the husband and wife's joint property. 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.

It depends on the specific situation. If the debt of bank card is used for husband and wife to live together, it belongs to husband and wife's joint debt. If the bank brings a lawsuit to the court and applies for property preservation, it can freeze the property of the other spouse. If the debt belongs to an individual, the property of the other spouse cannot be frozen, because the freezing generally only involves the property of the party concerned.

The Supreme People's Court's explanation on the application of law in the trial of husband and wife debt disputes

Article 1 Debts jointly signed by husband and wife or ratified by one party afterwards shall be recognized as joint debts of husband and wife.

Article 2 During the marriage relationship, the people's court shall support the debts incurred by the husband and wife in their own names due to the daily needs of the family, and the creditors claim their rights on the grounds that they belong to the joint debts of the husband and wife.

Article 3 The people's court shall not support the debt incurred by one spouse in his own name during the marriage relationship that exceeds the daily needs of the family, and the creditor claims the rights on the grounds that it belongs to the joint debt of the husband and wife, except that the creditor can prove that the debt is used for the joint life, joint production and operation of the husband and wife or expressed on the basis of the common meaning of the husband and wife.

Will credit card arrears freeze assets in your spouse's name? 2. Will the non-repayment of credit card freeze the property of husband and wife?

However, it is possible that the money owed by the husband to the credit card will not be frozen in his wife's bank account, and there is no co-payment relationship. However, if the credit card is maliciously overdrawn and fails to repay, and the principal overdraft exceeds 10 thousand, it will be criminally liable if it still fails to repay after being collected by the bank. According to the regulations, in any of the following circumstances, if the amount of credit card fraud is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall 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:

(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;

(2) Using an invalid credit card;

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

(4) malicious overdraft.

Second, is credit card debt a joint debt of husband and wife?

Credit card arrears should be recognized as joint debts of husband and wife under the following circumstances:

(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) the obligation to support the elderly;

(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.

In fact, the credit card is repaid by the cardholder within the specified time every month, but this does not mean that the other half has no repayment obligation. If credit card consumption is used for family life, such as paying tuition for children or paying alimony for the elderly, the credit card debt itself belongs to the joint debt of husband and wife, and both husband and wife have the responsibility to repay it.

Will credit card debt freeze assets in your spouse's name? The debt of bank card is used for husband and wife to live together and belongs to husband and wife's joint debt. If the bank brings a lawsuit to the court and applies for property preservation, it can freeze the property of the other husband and wife. If the debt belongs to an individual, the property of the other spouse cannot be frozen, because the freezing generally only involves the property of the party concerned.

Legal basis: Several Provisions of the Supreme People's Court on the People's Court's Seal-up, Seizure and Freeze of Civil Execution Property.

The seizure, seizure and freezing of the property of the person subjected to execution shall be limited to the extent that the price is sufficient to pay off the amount of creditor's rights and execution expenses determined by legal documents. If the amount obviously exceeds the standard, it shall not be sealed up, seized or frozen. If it is found that the amount exceeding the target amount has been sealed up, seized or frozen, the people's court shall, upon the application of the person subjected to execution or ex officio, promptly lift the sealing up, seizure and freezing of part of the property exceeding the target amount, except that the property is inseparable and the person subjected to execution has no other property available for execution or other property is insufficient to pay off debts.

If a financial institution unfreezes the funds frozen by the people's court without authorization, resulting in the transfer of the frozen funds, the people's court has the right to order it to recover the transferred funds within a time limit. If it is not recovered within the time limit, it shall be ruled that the financial institution shall bear the compulsory execution responsibility to the applicant with its own property within the scope of the transferred funds.

If the relevant unit pays the person subjected to execution or other people without authorization after receiving the notice of income assisted by the people's court, the people's court has the right to order it to recover within a time limit; If it fails to recover within the time limit, it shall be ruled that it shall be responsible for the application executor within the amount paid.

Article 487 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC) stipulates that the time limit for the people's court to freeze the bank deposits of the person subjected to execution shall not exceed one year, the time limit for sealing up or distraining movable property shall not exceed two years, and the time limit for sealing up immovable property and freezing other property rights shall not exceed three years. Where the person subjected to execution applies for an extension of the time limit, the people's court shall go through the formalities of continuing the seizure, seizure and freezing before the expiration of the time limit, and the extension period shall not exceed the time limit specified in the preceding paragraph. The people's court may also handle the formalities of continued sealing up, seizure and freezing ex officio.