The credit card debt owed by one spouse needs to be repaid by the other spouse, because the debt owed by the husband and wife in the case of living together belongs to two people. Even if one spouse applies for a credit card, the other spouse needs to repay it, even if it is divorced.
According to the law, during the marriage relationship, if the creditor claims the rights of the debts incurred by one spouse in his own name, it shall be treated as the joint debts of the husband and wife. However, unless one of the spouses can prove that the creditor and the debtor have clearly agreed on personal debt, or can prove that it belongs to the circumstances stipulated by law.
Joint and several liability for repayment means that the debtors of the index jointly bear the legal liability for repayment of debts, that is to say, several people bear the same debt, and it is clear that they are all liable to creditors.
Creditors have the right to demand repayment from any debtor. Creditors of joint and several debts may claim full or partial repayment from one or several debtors or all debtors at the same time or successively. Before the joint and several debts are fully performed, all debtors are still jointly and severally liable.
The joint debt of husband and wife refers to the debt incurred to meet the needs of husband and wife's common life. The joint debt of husband and wife is mainly based on the needs of husband and wife's common life, as well as the debt arising from the management, use, income and disposal of common property.
At the time of divorce, the debts originally incurred by the husband and wife living together shall be paid off jointly. If the joint property is insufficient to pay off, or if 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.
legal ground
People's Republic of China (PRC) Civil Code
Article 1064 Debts incurred by the husband and wife who jointly sign or one of them ratifies afterwards, and debts incurred by one of the husband and wife in his own name for the daily needs of the family during the marriage relationship, are joint debts of the 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.