According to the provisions of my country's Civil Code, if the debts were borne by both husband and wife before marriage, they should be regarded as personal debts and should be borne independently by both parties, and should not be treated as joint debts of husband and wife. During the relationship between husband and wife, one spouse bears debts in his or her own name, and the debts agreed with the debtor are also treated as personal debts, and the other spouse is not responsible for repayment. Debts borne by one spouse are not clearly personal debts and should be treated as joint debts of the couple.
1. Will the other spouse bear the credit card debt after divorce? According to the provisions of my country’s Civil Code (effective on January 1, 2021), if it is the debt borne by both spouses before marriage, it should be regarded as a personal debt, and the Both parties shall bear the debt independently and shall not be treated as joint debts of husband and wife. During the relationship between husband and wife, one spouse bears debts in his or her own name, and the debts agreed with the debtor are also treated as personal debts, and the other spouse is not responsible for repayment. However, if during the marriage, the debts borne by one spouse are not clearly personal debts, they should be treated as joint debts of the couple. Both spouses are jointly and severally liable for this debt. At the same time, if one spouse bears external debts before marriage and the debts are used for the husband and wife's joint life after marriage, they will be treated as joint debts of the husband and wife. If one spouse's credit card overdraft occurred during the relationship, and that spouse's credit card expenditures did bear part of the family life expenses, then that spouse's credit card debt should be treated as a joint debt of the couple. In this case, The other party has the obligation to repay both parties. Article 1064 of the Civil Code: Debts borne by both spouses with the same signature, or one spouse’s subsequent ratification, etc., as well as debts incurred by one spouse in his or her own name during the marriage. Debts incurred for daily necessities are joint debts of husband and wife. Debts borne by one spouse in his or her own name beyond the daily needs of the family during the marriage are not joint debts of the couple; however, the creditor can prove that the debt is used for the couple's daily life and production. Exceptions are made for business operations or based on the consent of both spouses.
2. How to deal with the sudden debts of the other party in divorce. In this case, the other party should check whether the debt exists from the following aspects: (1) Check the debts proposed by one party one by one and determine whether the debt exists based on the facts. (2) The party claiming the debt is required to provide evidence that whether a certain debt exists is not just a matter of words but must be proved by sufficient evidence. Such evidence includes proof of loan, testimony of the creditor, proof of where the loan was used, etc.; (3) Carefully check all the evidence to see if there are any contradictions and loopholes in the evidence; (4) Based on the evidence provided by the creditor, present relevant evidence that can refute its claim, such as family income and expenses, purchase of a house, etc. The date of the family valuables is inconsistent with the date of the debt, indicating that it is possible and necessary to prove that the debt is false, or to provide evidence that the debt is a personal debt and not a joint debt of husband and wife. After reading the relevant content I have compiled for you, I believe that by now you will have a clear idea of ??one spouse's credit card debt and whether the other spouse will be responsible for repaying it in the event of a divorce. Specifically, it depends on whether the credit card debt is used for the family's joint life. If so, both husband and wife should bear the responsibility for repayment.