Current location - Trademark Inquiry Complete Network - Overdue credit card - How will the court judge the credit card debt owed by a divorced couple?
How will the court judge the credit card debt owed by a divorced couple?

Legal analysis: The debts owed by the husband and wife during the marriage relationship are generally repaid jointly by both spouses. Even if the husband and wife have an agreed proportion of debt repayment after divorce, Creditors have the right to approach either spouse to demand repayment of the debt. However, in the following two situations, the creditor can only seek repayment from the debtor's spouse, and cannot require both spouses to bear the debt: 1. The creditor and the debtor have clearly agreed that the debt is a personal debt; 2. Personal debts before marriage are borne by the individual. .

Legal basis: Article 1064 of the "People's Republic of China and Civil Code" Debts, as well as debts borne by one spouse in his own name for the daily needs of the family during the marriage, are joint debts of the couple. Debts borne by one spouse in his or her own name beyond the daily needs of the family during the marriage are not joint debts of the couple; however, the creditor can prove that the debt is used for the couple's daily life and production. Exceptions are made for business operations or based on the consent of both spouses.