How to deal with credit card debt before marriage and after marriage

How to deal with credit card debt before marriage and after marriage. Nowadays, many people have their own online loans, house loans and car loans. If the online loans are overdue, Bad records will appear in personal credit reports, which will affect future loan applications on other platforms. So how to deal with credit card debt before marriage and after marriage? How to deal with credit card debt before marriage and after marriage 1

Legal analysis:

How to deal with credit card debt after divorce depends on the type of debt. Personal debts are repaid by personal property. If the debts of ***Tong are repaid by ***Tong's property, if ***Tong's property is insufficient, both parties will negotiate for repayment. The agreement between husband and wife regarding the property acquired during the marriage and the property before marriage shall be binding on both parties.

If the husband and wife agree that the property acquired during the marriage shall be owned by each other, and the debts borne by the husband or wife to external parties shall be paid off with the property owned by the husband or wife if a third party becomes aware of the agreement.

Legal basis:

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

Article 1064 Both husband and wife must sign together or Debts borne by one spouse after the fact is later ratified by a mutual consent, as well as debts borne by one spouse in his or her own name for the daily needs of the family during the marriage, are joint debts between the spouses.

Debts borne by one spouse in his or her own name during the marriage that exceed the daily needs of the family are not joint debts of the couple; however, the creditor can prove the debt Exceptions are made for husband and wife to live together, to produce and operate together, or based on the mutual consent of husband and wife.

Article 1065: Both men and women may agree that the property acquired during the marriage and the property before marriage shall be owned by each other separately or jointly, or may be partly owned by each other and partly jointly owned by the couple. The agreement should be in writing. If there is no agreement or the agreement is unclear, the provisions of Articles 1062 and 1063 of this Law shall apply.

The agreement between husband and wife regarding the property acquired during the marriage and the property before marriage is legally binding on both parties. The husband and wife agree that the property acquired during the marriage shall be owned by each other. If the other party knows the agreement, the debts borne by the husband or wife shall be paid off with the personal property of the husband or wife. How to deal with pre-marital credit card debts after marriage 2

How to deal with pre-marital debts after marriage

Pre-marital debts should be recognized as pre-marital personal debts, and pre-marital personal debts are borne by the individual alone.

Generally speaking, the debtor should be responsible for repaying personal debts before marriage. Therefore, creditors can only claim rights against the specific debtor, but cannot claim against the debtor's spouse after marriage. However, the debtor is responsible for repaying personal debts before marriage, which corresponds to the fact that one party’s pre-marital property is personal property.

If one spouse uses the pre-marital debt to live together after marriage, the nature of one party’s pre-marital debt will also be transformed into a marital debt due to the change in the nature of the property. At this time, the creditor Have the right to claim rights against the debtor’s spouse.

Debts incurred before marriage are used for family life after marriage. Personal debts before marriage are converted into joint debts after marriage. This is the basis for the creditor to claim rights against the debtor's spouse.

In judicial practice, the transformation of personal debts before marriage into collective debts after marriage mainly includes the following types:

1. One party’s pre-marital mortgage loan Buying a house for both husband and wife to use after marriage;

2. One party borrowed money to purchase a large number of wedding supplies before marriage, which are needed for the husband and wife to live together after marriage;

3. One party If you borrow money to renovate a house before marriage, the house will be used by both spouses to live together or use together after marriage.

It can be seen that only when the funds and property in the debts borne before marriage have become the material living conditions for the husband and wife to live together after marriage, will the personal debts borne by one party before marriage be transformed into If a husband and wife share the same debt, both husband and wife are jointly responsible for repaying it.

The scope of the debtor’s spouse’s liability for repayment

After one spouse’s pre-marital debt is converted into a joint debt of both spouses, the debtor’s spouse is obliged to bear joint and several liability to the creditor for the debt. There is no objection, but there are two different situations regarding the scope of joint liability of the debtor’s spouse:

One situation is that after the pre-marital personal debt of one spouse is converted into a joint debt, both spouses should When jointly and severally liable for repayment, the debtor's spouse shall not use the scope of pre-marital property received as a defense in order to maximize the protection of the interests of creditors.

Another situation is that after the pre-marital personal debt of one spouse is converted into a joint debt, the scope of the debtor's spouse's joint liability should be limited to the scope of the actual receipt of property or benefits. How to deal with credit card debt before marriage and after marriage 3

1. Does the wife have to repay the husband’s gambling debt?

The wife does not have to repay the loan relationship due to illegal and criminal activities such as gambling and drug abuse. Or the lender clearly knows that the borrower is engaged in the above-mentioned illegal and criminal activities in the lending relationship, and does not provide protection in accordance with the law.

The following civil acts are invalid:

(1) Those carried out by persons without capacity for civil conduct;

(2) Those carried out by persons with limited capacity for civil conduct and unable to carry out independently in accordance with the law ;

(3) One party uses fraud, coercion or takes advantage of someone else's situation to cause the other party to act against its true intention;

(4) Malicious collusion to harm the country, The interests of the collective or a third party;

(5) Violation of the law or social welfare interests;

(6) Economic contracts violating national mandatory plans;

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(7) Covering illegal purposes in legal forms.

2. Can I not repay the debt owed by gambling?

According to the law, if the lender knows that the borrower is borrowing money for illegal activities, the lending relationship will not be protected. Therefore, the reception relationship arising from gambling is not protected by law, and the borrower can choose not to repay the money. The Civil Code stipulates that legal lending relationships are protected by law.

Gambling is a civil act, but it is an act that violates the law and social public interests. my country's "Criminal Law", "Public Security Management Punishment Regulations" and other laws and regulations clearly prohibit gambling Prohibition and prohibition of gambling are mandatory provisions of the law, and citizens and legal persons must abide by them unconditionally.

The debt in this case was a debt arising from gambling. Since it violated the prohibitive provisions of the above-mentioned laws, it certainly did not have the effect of a debt. Gambling behavior is also a civil behavior that violates the interests of the public. Violating the interests of the public, also known as violating public order and good customs.

3. How to divorce a husband who gambles and his wife

First of all, if both parties reach an agreement, they can go to the Civil Affairs Bureau to apply for divorce. If the negotiation fails, they can only file a lawsuit in court. divorce. If a man or woman requests a divorce, the relevant departments may conduct mediation or directly file a divorce lawsuit with the People's Court. When hearing a divorce case, the People's Court shall conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce shall be granted.

Divorce should be granted if mediation fails under any of the following circumstances:

(1) Those who have bad habits such as gambling and drug abuse and refuse to change despite repeated admonishment;

(2) Other circumstances that lead to the breakdown of a couple's relationship.

Article 1079 of the Civil Code: If one spouse requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the People's Court.

When hearing a divorce case, the People's Court shall conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce shall be granted.

If mediation fails under any of the following circumstances, divorce shall be granted:

(1) Bigamy or cohabitation with others;

(2) Domestic violence committed Or abuse or abandon family members;

(3) Have bad habits such as gambling and drug abuse and refuse to change despite repeated admonitions;

(4) Separated for more than two years due to emotional discord;

(5) Other situations that lead to the breakdown of the relationship between husband and wife.

If one party is declared missing and the other party files for divorce, the divorce shall be granted.

After the people's court has ruled that divorce is not allowed, and the two parties have lived apart for one year, and one party files a divorce lawsuit again, the divorce shall be granted.