if during the marriage relationship, both parties' external debts are not clearly indicated as personal debts, then both parties should be treated as the same debts, that is, both husband and wife are jointly and severally liable for the debts.
At the same time, if either party incurred foreign debts before marriage, but it was used for the husband and wife to live together after marriage, it also belongs to the husband and wife's debts.
if the other party who has not borrowed money does not think that the debt belongs to the same debt of husband and wife, it needs to give corresponding proof.
1. About the same debts of husband and wife:
1. The debts that both husband and wife * * * sign together or one of them ratifies afterwards, etc. * * * indicate the same meaning, should be recognized as the same debts of husband and wife.
2. The people's court shall support the debts incurred by one of the spouses for the daily needs of the family in their own name during the marriage relationship, and the creditors claim their rights on the grounds that they belong to the same debts of the husband and wife.
3. The people's court will not support the debts incurred by one of the husband and wife in their personal name beyond the daily needs of the family during the marriage relationship, if the creditor claims rights on the grounds that they belong to the same debt, unless the creditor can prove that the debts are used for the husband and wife's * * * life, * * * production and operation, or based on the same meaning of both husband and wife.
2. In any of the following circumstances, it cannot be considered that the husband and wife are in the same debt, and it should be treated as personal debt, and one party should pay off with personal property:
1. The debts agreed by both husband and wife to be borne by individuals, except for the purpose of avoiding debts;
2. Without the consent of the other party, one party subsidizes the debts incurred by its relatives and friends who have no obligation to support;
3. Without the consent of the other party, one party independently raises funds to engage in business activities, and its income is not used for the debts incurred by the same life;
4. Other debts that should be borne by individuals. Husband and wife's debts are generated to maintain their family life, which should be borne by both husband and wife and repaid with their property; If the property of husband and wife is not enough to repay, it should be repaid with the personal property of husband and wife. Personal debts of one spouse shall be paid by one spouse with personal property. If it is determined to be a personal debt, the creditor may not demand repayment from the other party.
3. The concept of credit card debt is as follows:
1. From the accounting point of view,
Debt refers to the current obligation formed by past transactions and events, which is assumed by the unit or individual and expected to cause economic benefits to flow out of the unit or individual due to accounting, including various loans, payables and advance receipts. Sometimes it also refers to the debt owed; Work to pay off all debts.
2. From the economic point of view,
the funds that must be returned. In addition to the borrowed funds, if bonds are issued, the principal and interest (principal+interest) must be returned, which is also called debt. The inability to repay debts is called non-performance of debts. In addition, the rise of debt's own capital is called debt exceeding.
In short, if the debts incurred during the marriage are normally used for living expenses, they need to be borne by both parties. The husband uses his wife's credit card, and the credit card account is his wife's name. The wife must be returned. And the husband can sue if he doesn't bear it together.
Legal basis:
Article 164 of the Civil Code of the People's Republic of China
Debts incurred by both husband and wife * * * with the same signature or later ratification by one husband and wife, and debts incurred by one husband and wife in their own name for the daily needs of the family during the marriage relationship belong to husband and wife *
The debts incurred by one of the husband and wife in their own name during the marriage relationship beyond the daily needs of the family do not belong to the same debts of the 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.