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How to judge the divorce due to credit card arrears
1. How to judge the divorce due to credit card arrears

1. During the relationship between husband and wife, one party's foreign loans belong to the same debt of husband and wife and should be repaid by both parties. In judicial practice, the repayment of debts by both parties includes two situations:

(1) the debts formed by one party before marriage, but they are used to live together after marriage, and the husband and wife should bear them jointly and severally when divorced;

(2) if one party borrows money after marriage, it should generally be recognized as the same debt.

2. Legal basis: the Supreme People's Court's Interpretation on Relevant Issues Concerning the Application of Laws in the Trial of Cases Involving Husband and Wife's Debt Disputes Article 1

The debts that both husband and wife * * * sign together or one of them ratifies afterwards, etc. * * * shall be deemed as the same debts of husband and wife.

Article 2

The people's court shall support the debts incurred by one of the husband and wife 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 husband and wife.

Article 3

If the creditor claims the rights on the grounds that the debts incurred by one of the spouses exceed the daily needs of the family in his own name during the marriage relationship, the people's court will not support it, unless the creditor can prove that the debts are used for the husband and wife's * * * life, * * * production and operation, or on the basis of the same meaning of the husband and wife.

second, how much credit card debt will be prosecuted

generally, credit card debt of more than 1, yuan can be filed for prosecution. For those who maliciously overdraw a credit card for more than 1, yuan, and the cardholder takes illegal possession for the purpose, and fails to return it after two collections by the issuing bank for more than 3 months, it is suspected of credit card fraud, and can initiate an investigation and investigate its criminal responsibility. If all the overdraft interest has been repaid before the public security organ files a case, if the circumstances are obviously minor, the punishment may be mitigated or exempted from criminal responsibility.