How to deal with credit card debt after divorce?

How to deal with credit card debt after divorce? More and more people choose to divorce in life. The real divorce is the termination of the couple through agreement or litigation. Marriage, of course, cannot avoid the division of property during divorce. The following shares how to deal with credit card debt after divorce. How to deal with credit card debt after divorce 1

1. How to deal with credit card debt after divorce

1. It depends on whether the divorce credit card debt is the same between husband and wife. Debt is still personal debt.

2. Debts owed in the name of one party during the marriage relationship should, in principle, be regarded as joint debts of the husband and wife (except for illegal debts, gambling debts or debts owed for engaging in illegal and criminal activities). protected by law, or should be borne by the debtor alone) should be repaid jointly by the husband and wife. However, if one spouse can prove that the debt is indeed a personal debt of the debtor, then the parties to the marriage who do not owe the debt can fight the creditor's request.

There are two main situations in which personal debts are classified. One is that the creditor and the debtor have clearly agreed that the debt is a personal debt; the other is that it falls under Item 3 of Article 1065 of the Civil Code. stipulated circumstances. Paragraph 3 of Article 1065 of the Civil Code stipulates, “If a husband and wife agree that the property acquired during the marriage shall be owned by each other, and the debts borne by either husband or wife to external parties, if a third party becomes aware of the agreement, shall The property owned by either husband or wife must be paid off.”

If it is determined to be a marital debt and the borrower cannot prove that the money was used for the couple’s living together, the repaying party can sue separately to require the borrower to repay the money.

1. If both parties are divorced at the time of divorce, the debts of *** that have expired should be repaid by the property of ***. ***The remaining portion after paying off debts with the property shall be divided between the parties. In this case, the joint debt of the husband and wife is extinguished by settlement.

2. If the property of both parties is insufficient to pay off the debt, or the property belongs to each of them, or the debts of the party that have not yet matured at the time of divorce are unwilling to be paid off in advance, the parties shall reach an agreement. Determine the share of the same debt that each party should bear. In this case, the debt settlement agreement between the two parties, except for the creditor's consent and exemption of joint and several liability

, only has internal effect. It is just an agreement between the two parties on their share of the debt, and does not cause any external consequences. effectiveness. After divorce, for creditors, the debt is still a joint debt, and the creditor still has the right to claim rights against both the man and the woman for the husband and wife's joint debt.

3. If the two parties fail to reach an agreement, the People's Court shall make a decision. Based on the economic status and financial capabilities of both parties and the principle of taking care of the woman and directly raising the children, the court will decide that both parties should bear the debts in a certain proportion or let the party with stronger financial capabilities bear the debts alone. In this case, the court's judgment determines the share of the debts shared by both parties, and it only has internal effect

It cannot therefore be considered that the court's judgment determines the change of joint debts into debts in shares. force. If the People's Court's judgment, ruling, or mediation document has dealt with the marital issue, the creditor still has the right to claim rights against both the man and the woman for the husband and wife's joint debt.

4. After one party assumes joint and several liability for repaying the same debt, it has the right to claim compensation from the other party based on the divorce agreement or the legal documents of the people's court. After divorce, if one party pays off the payment in excess of his/her share, the other party is exempted from liability to creditors and has the right to request repayment of their respective share from the other party. This is the right of claim among joint and several debtors.

In summary, if the divorced credit card debt is a joint debt of the husband and wife, then it should be repaid by both husband and wife; if the divorced credit card debt is an individual debt, then it should be borne by the debtor alone. How to deal with credit card debt after divorce 2

1. How to deal with the credit card debt of one spouse after divorce

Regarding the issue of how to pay off credit card debt during divorce, we must first distinguish whether the credit card debt belongs to the couple* **Same debt or individual debt of the couple. If the debt is shared by both husband and wife, the debt must be repaid jointly by both husband and wife.

If it is a personal debt, it must be borne by the individual himself.

If the credit card consumption occurs during the existence of the couple and is not specifically stated to be a personal debt, it shall be deemed to be a joint debt of the couple. However, in reality, there are many cases where an individual opens a credit card without the other party knowing about it. It is inevitably rash to directly identify the property as joint property of husband and wife.

2. Methods to determine whether a credit card debt is a marital debt

1. In judicial practice, when determining that a credit card debt is a joint debt of a husband and wife, the main factors that the court considers are " "Whether credit card consumption is mainly used for the family's daily life?" If it is used for the family's daily life, it should be considered as a debt;

2. Secondly, it is claimed that the credit card debt is a * **Issues with the debtor's burden of proof: Only when there are real consumption records, relevant original evidence, the consumption comes from the credit card, and the authenticity, legality, and relevance of the evidence are all available, can it be sufficient to prove that the credit card debt is Husband and wife share the same debt. With the continuous development of various consumption methods, parties must pay attention to the preservation and collection of evidence, otherwise they will bear the adverse consequences of being unable to provide evidence.

We need to remind everyone that although credit card debts can be repaid by defined parties, bad credit records caused by overdue credit cards will only be recorded in the name of the cardholder. During the relationship between husband and wife, the bad credit record of one spouse due to overdue credit cards will also have an impact on the other spouse's application for loans.

For example, if the husband has a bad credit record due to an overdue credit card, the wife’s application for a mortgage in her own name will also be affected, and the loan may even be rejected. But after breaking away from the relationship between husband and wife, the negative impact on the other party will be eliminated accordingly.

3. Tips for handling claims and debts during divorce

1. Handling of claims in divorce

The claims acquired by one or both parties during the marriage are deemed to be husband and wife. ***Same property. At the time of divorce, the husband and wife's shared property, including creditor's rights, shall be settled by agreement between the two parties; if an agreement cannot be reached, the People's Court shall make a judgment based on the specific circumstances of the property and the principle of taking into account the rights and interests of the woman and her children.

2. Handling of divorce debts

Debts incurred by husband and wife while living together must be repaid jointly. If a husband and wife have the same debt, both parties have equal rights to repay it.

For the settlement of the joint debts of husband and wife, both parties can reach a consensus through negotiation based on their respective actual affordability and financial resources. It is agreed that both spouses will agree on their respective responsibilities and repayment dates, or one of them will be responsible for the settlement. All paid off. If negotiation fails, a lawsuit can be filed with the People's Court, which will make a decision.

When a creditor asserts its rights, neither of the original spouses can refuse liability for the debt based on the debt sharing agreement reached during the divorce or the proportion of the debt determined by the court. When one party has paid off all debts, it has the right to collect debts from the other party. How to deal with credit card debt after divorce 3

1. What is shared property after divorce?

The so-called legal marital property refers to the marital property system stipulated in the law that directly applies to the situation where the husband and wife have not made an agreement on the marital property before or after the marriage, or the agreement is invalid. Our country's Civil Code adopts a system that combines the statutory property system and the agreed property system for the marital property system, and clearly stipulates that the statutory property system will only apply when there is no agreement or the agreement is unclear.

Legal property systems can be divided into legal property systems with the same property and separate property systems, residual property systems with the same property, joint property systems, etc.

Article 1062 of the "Civil Code" stipulates the scope of property acquired by a husband and wife during the subsistence of the marriage relationship and shall belong to both spouses. The following property acquired during the period shall be owned by both spouses:

1. Salaries and bonuses refer to the wages, bonus income and various welfare policy income and subsidies of one or both parties during the relationship between husband and wife. ;

2. Income from production and operation refers to the income from one or both spouses engaged in production and operation during the relationship between husband and wife;

3. Income from intellectual property rights, Refers to the income from intellectual property rights owned by one or both spouses during the existence of the relationship;

4. Property obtained from inheritance or donation refers to the inheritance and inheritance of one or both parties during the existence of the relationship. Property received as a gift. Income from inheritance refers to the acquisition of property rights, rather than the actual possession of the property. Even if there is no actual possession before the marriage relationship is terminated, as long as the inheritance occurs during the existence of the relationship between husband and wife, the inherited property is the joint property of the husband and wife.

5. Other property that should be owned by the consortium.

2. How to divide the house during divorce

Regarding whether the house belongs to the same property and how to divide it, the following main issues will arise: Judgment and handling of the following situations:

1. The couple invested in the house purchased after marriage and obtained the property rights of the house. Because the house was acquired during the marriage, no matter whether the name of one party is on the property certificate, The names of both parties are the same property.

2. One spouse paid all the house payment before marriage and obtained the real estate certificate. The house is pre-marital property. In a divorce, the other party has no right to request division.

3. One spouse purchased a house through a mortgage loan before marriage and obtained a real estate certificate. After marriage, the couple repays the loan together. Although the house was purchased by one party before marriage, the increase in value of the house after marriage and* Unless otherwise agreed by both spouses, the part of the couple who repays the loan shall be regarded as the property of the couple.

It should be noted that the joint repayment part of the loan, whether one party repays the loan with his personal salary or the wages of both parties, should be regarded as the joint property of the couple. Of course, if one party can indeed prove that the loan repayment funds come from personal pre-marital property, then this part should not be regarded as the exclusive property of the couple.

4. If one spouse paid part of the house payment before the marriage, but obtained the real estate certificate after the marriage, both parties must repay the loan simultaneously for the house after the marriage. There is no clear legal provision for this situation. Although the real estate certificate is a document of property rights and a legal document proving the ownership relationship of the house

, it does not mean that the house obtained with the real estate certificate after marriage should be the property of the marriage, or the source of the property must be subdivided Divide the two parts before and after marriage. After all, property rights and interests have been obtained after signing the house purchase contract before marriage, and the real estate certificate is only the result of the house purchase contract and payment behavior signed before marriage.

5. Both parties contributed money to purchase a house before marriage, but the property certificate obtained before marriage only has one party’s name on it. In this case, if you cannot prove that you have contributed money and it is not a gift to the other party, you can only It is recognized as the pre-marital personal property of one party listed on the real estate certificate.