How to deal with credit card debts during marriage and divorce

How to deal with credit card debts during marriage and divorce? The relationship between husband and wife also needs to be well maintained. We all hope to have a happy life. Love, but when it is difficult for each other to continue living together, they usually choose divorce. So how to deal with credit card debts in marriage and divorce. How to deal with credit card debt during marriage and divorce 1

It depends on the specific situation. If the credit card consumption is used for the joint life of the family, the credit card debt should be regarded as a joint debt of the couple, otherwise, it will be regarded as a personal debt. At the time of divorce, the debts originally incurred by the husband and wife while living together shall be repaid jointly. If the property of the two parties is insufficient to repay the debt, or if the property belongs to each other, the repayment shall be settled by agreement between the two parties; if an agreement cannot be reached, the People's Court shall make a judgment.

Legal basis: "The People's Republic of China and the Civil Code"

Article 1064: Both spouses sign together or one spouse ratifies it later, etc. *The debts borne by the same person, as well as the debts borne by one spouse in his or her own name for the daily needs of the family during the marriage, are the joint debts of the couple.

Debts borne by one spouse in his or her own name during the marriage, which exceed the daily needs of the family, are not joint debts of the couple; however, the creditor can prove that the debt is used for the joint purpose of the couple. Exceptions include life, sex, production and operation, or based on the consent of both spouses.

Article 1089. Upon divorce, the husband and wife's debts shall be repaid jointly. If the property of the two parties is insufficient to repay or the property belongs to each other, the parties shall agree to repay the repayment; if the agreement fails, the People's Court shall make a judgment.

How to deal with credit card debt after a couple divorces

If the credit card debt is used for family life, the debt belongs to the couple*** Both spouses must repay the same debt jointly.

Debts borne by both parties with the same intention shall be deemed as joint debts of the husband and wife.

Article 2 If a creditor claims a debt that is borne by a spouse in his or her own name for the daily needs of the family during the marriage, the people's court shall support it on the grounds that it is a joint debt of the couple. .

Article 3. During the marriage, if one spouse owes debts in his own name that exceed the daily needs of the family, and the creditor claims rights on the ground that they are joint debts of the couple, the people's court will not grant the debt. How to deal with the credit card debt in divorce 2

1. How to deal with the credit card debt in divorce

1. It depends on whether the divorce credit card debt is a joint debt of husband and wife or an individual debt.

2. Debts owed in the name of one party during the marriage relationship should, in principle, be regarded as joint debts of both spouses (except for illegal debts, gambling debts or debts owed for engaging in illegal and criminal activities). protected by law, or should be borne by the debtor alone) should be repaid jointly by the husband and wife. However, if one spouse can prove that the debt is indeed a personal debt of the debtor, then the parties to the marriage who do not owe the debt can fight the creditor's request.

There are two main situations in which personal debts fall into the category. One is when the creditor and the debtor explicitly agree that the debt is a personal debt; the other is when it falls under Item 3 of Article 1065 of the Civil Code. stipulated circumstances. Paragraph 3 of Article 1065 of the Civil Code stipulates, “If a husband and wife agree that the property acquired during the marriage shall be owned by each other, and the debts borne by either husband or wife to external parties, if a third party becomes aware of the agreement, shall The property owned by either husband or wife must be paid off.”

If it is determined to be a marital debt and the borrower cannot prove that the money was used for the couple’s living together, the repaying party can sue separately to require the borrower to repay the money.

2. What should be paid attention to when divorced by couples?

1. When both parties divorce, the debts of *** that have expired should be transferred to the property of *** repay.

***The remaining portion after paying off debts with the property shall be divided between the parties. In this case, the joint debt of the husband and wife is extinguished by settlement.

2. If the property of both parties is insufficient to repay, or the property belongs to each of them, or the debts of the same party have not yet matured at the time of divorce, and one or both parties are unwilling to pay off in advance, the parties shall reach an agreement. Determine the share of the same debt that each party should bear.

In this case, the debt settlement agreement between the two parties, except for the approval of the creditor and the exemption of joint and several liability, only has internal effect. It is only the share of the debt that the two parties have agreed to share, and does not result from this. External effectiveness. After divorce, for creditors, the debt is still a joint debt, and the creditor still has the right to claim rights against both the man and the woman for the husband and wife's joint debt.

3. If the two parties fail to reach an agreement, the People's Court shall make a decision. Based on the economic status and financial capabilities of both parties and the principle of taking care of the woman and directly raising the children, the court will decide that both parties should bear the debts in a certain proportion or let the party with stronger financial capabilities bear the debts alone.

In this case, the court's judgment determines the share of the debts shared by both parties, and it only has internal effect. Therefore, it cannot be considered that the court's judgment has the effect of changing joint and several debts into debts in shares. Certainty. If the People's Court's judgment, ruling, or mediation document has dealt with the marital issue, the creditor still has the right to claim rights against both the man and the woman for the husband and wife's debts.

4. After one party assumes joint and several liability for repaying the same debt, it has the right to claim compensation from the other party based on the divorce agreement or the legal documents of the people's court. After divorce, if one party pays off the payment in excess of his/her share, the other party is exempted from liability to creditors and has the right to request repayment of their respective share from the other party. This is the right of claim among joint and several debtors.

In summary, if the divorced credit card debt is a joint debt of husband and wife, then it should be repaid by both husband and wife; if the divorced credit card debt is an individual debt, then it should be borne by the debtor alone. How to deal with credit card debt during marriage and divorce 3

1. How to deal with the credit card debt of one spouse who is divorcing

Regarding the issue of how to pay off credit card debt during divorce, we must first distinguish between the credit card debt and Are they joint debts of husband and wife or individual debts of husband and wife? If the debt is shared by both husband and wife, the debt must be repaid jointly by both husband and wife. If it is a personal debt, it must be borne by the individual himself.

If the credit card consumption occurs during the existence of the couple and is not specifically stated to be a personal debt, it shall be deemed to be a joint debt of the couple. However, in reality, there are many cases where an individual opens a credit card without the other party knowing about it. It is inevitably rash to directly identify the property as joint property of husband and wife.

2. Methods to determine whether a credit card debt is a marital debt

1. In judicial practice, when determining that a credit card debt is a joint debt of a husband and wife, the main factors that the court considers are " "Whether credit card consumption is mainly used for the family's daily life?" If it is used for the family's daily life, it should be considered as a debt;

2. Secondly, it is claimed that the credit card debt is a * **The burden of proof on the same debtor: Only when there are real consumption records, relevant original evidence, the consumption comes from the credit card, and the authenticity, legality, and relevance of the evidence are all available, can it be sufficient to prove that the credit card debt is for the couple. ***Same debt. With the continuous development of various consumption methods, parties must pay attention to the preservation and collection of evidence, otherwise they will bear the adverse consequences of being unable to provide evidence.

We need to remind everyone that although the repayer of a credit card debt can be defined, the bad credit record caused by an overdue credit card will only be recorded in the name of the cardholder. During the relationship between husband and wife, the bad credit record of one spouse due to overdue credit cards will also have an impact on the other spouse's application for loans.

For example, if the husband has a bad credit record due to an overdue credit card, the wife’s application for a mortgage in her own name will also be affected, and the loan may even be rejected. But after breaking away from the relationship between husband and wife, the negative impact on the other party will be eliminated accordingly.

3. Tips for handling claims and debts during divorce

1. Handling of claims and debts during divorce

During the marriage, one party or The creditor's rights obtained by both parties are deemed to be the joint property of husband and wife.

At the time of divorce, the husband and wife's shared property, including creditor's rights, shall be settled by agreement between the two parties; if an agreement cannot be reached, the People's Court shall make a judgment based on the specific circumstances of the property and the principle of taking into account the rights and interests of the woman and her children.

2. Handling of divorce debts

Debts incurred by husband and wife living together must be repaid jointly. If a husband and wife have the same debt, both parties have equal rights to repay it.

For the settlement of the joint debts of husband and wife, both parties can reach a consensus through negotiation based on their respective actual affordability and financial resources. It is agreed that both spouses will agree on their respective responsibilities and repayment dates, or one of them will be responsible for the settlement. All paid off. If negotiation fails, a lawsuit can be filed with the People's Court, which will make a decision.

When a creditor asserts its rights, neither of the original spouses can refuse liability for the debt based on the debt sharing agreement reached during the divorce or the proportion of the debt determined by the court. When one party has paid off all debts, it has the right to collect debts from the other party.