If one spouse defaults on a credit card, if it is determined to be a joint debt of both spouses, both parties must repay it jointly. If there is evidence to prove that it is a unilateral debt, the other party does not need to bear the debt. The details will be determined by the court. The latter shall prevail.
According to Article 84 of the "General Principles of the People's Republic of China and Civil Law", debt is a specific relationship of rights and obligations arising between the parties in accordance with the provisions of the contract or in accordance with the provisions of the law, and enjoys The person with rights is the creditor, and the person with the obligation is the debtor. The creditor has the right to require the debtor to perform its obligations in accordance with the provisions of the contract or in accordance with the provisions of the law.
Article 86 If there are two or more creditors, their rights shall be shared according to the determined shares. If there are two or more debtors, the obligations shall be shared according to the determined shares.
Extended information:
Article 89 of the "General Principles of the People's Republic of China and Civil Law", in accordance with the provisions of the law or in accordance with the agreement of the parties, the following methods may be used to guarantee debts Performance:
1. The guarantor guarantees to the creditor that the debtor will perform the debt. If the debtor fails to perform the debt, the guarantor shall perform or bear joint liability according to the agreement; after the guarantor performs the debt, it has the right to recover from the debtor.
2. The debtor or a third party can provide certain property as collateral. If the debtor fails to perform its debts, the creditor has the right to receive priority repayment by discounting the value of the mortgaged property or using the proceeds from the sale of the mortgaged property in accordance with the provisions of the law.
3. One party may pay a deposit to the other party within the scope prescribed by law. After the debtor performs its debt, the deposit shall be used as payment or recovered. If the party who paid the deposit fails to perform its debts, it has no right to request the return of the deposit; if the party who received the deposit fails to perform its debts, it shall return double the deposit.
4. If one party occupies the property of the other party as stipulated in the contract, and the other party fails to pay the dues beyond the agreed time limit in accordance with the contract, the possessor has the right to retain the property and, in accordance with the provisions of the law, convert the retained property into value or sell the property. The price of the property is repaid first.
Baidu Encyclopedia - General Principles of the People's Republic of China and Civil Law