1. The debts jointly signed by the husband and wife or ratified by one of the husband and wife afterwards shall be recognized as joint debts of the husband and wife, and they shall be jointly and severally liable for repayment;
2. The people's court shall support the debts incurred by one of the spouses in the name of the individual due to the daily needs of the family during the marriage relationship, and the creditors claim their rights on the grounds that they belong to the joint debts of the husband and wife;
3. The people's court shall not support the debt incurred by one of the spouses in his own name during the marriage relationship, and the creditor claims 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 common life, joint production and operation of the husband and wife or based on the common intention of both husband and wife.
The scope of joint debts of husband and wife includes the following contents:
1. The property borrowed by one party before marriage has been converted into the joint property of husband and wife, and the debts arising from the purchase of these properties;
2. Debts jointly incurred by husband and wife for family life;
3. Debts arising from the joint production and business activities of husband and wife, or debts arising from one party's production and business activities, and the business income is used for family life or jointly owned by the spouse;
4. The debts incurred by one or both spouses due to medical treatment and treatment of patients have legal obligations;
5. debts arising from raising children;
6. Liabilities with maintenance obligations arising from supporting the elderly;
7. Debts incurred to pay the education and training expenses of one or both spouses;
8. Debts incurred to pay just and necessary social communication expenses;
9. Debt agreed by husband and wife as joint debt;
10, other debts that should be recognized as joint debts of husband and wife.
To sum up, the credit card owed by one spouse is not necessarily obligated to be repaid by the other spouse. When a husband and wife repay their debts, they must first determine whether the debts are joint debts or personal debts. Only if it belongs to the joint debt of husband and wife, it is necessary for husband and wife to share the responsibility for repayment. Therefore, an important criterion to measure whether credit card consumption belongs to the joint debt of husband and wife is whether credit card consumption is mainly used for family life. If they are used together in family life, they should be recognized as joint debts of husband and wife. It is difficult to prove that credit cards are personal debts. If it cannot be proved that it is a personal debt, it should be recognized as a joint debt of husband and wife. However, if one of the husband and wife can prove that the debt is really the debtor's personal debt, then the parties to the marriage relationship without debt can resist the creditor's request.
Legal basis:
Article 1064 of the Civil Code of People's Republic of China (PRC)
Debts jointly signed by husband and wife or ratified by one of them afterwards, as well as debts incurred by one of them in his own name for the daily needs of the family during the marriage relationship, are joint debts of husband and wife.
Debts incurred by one spouse in his own name during the marriage relationship that exceed the daily needs of the family are not joint debts of husband and wife; However, the creditor can prove that the debt is used for husband and wife's common life, joint production and operation, or based on the common will of both husband and wife.
Article 1089
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.