Divorce credit card loan debt division: if the credit card debt is shared by both husband and wife on the basis of common meaning, then the debt belongs to the joint debt of husband and wife, and the husband and wife should pay it together when divorced. If the joint property is insufficient to pay off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, it is up to the people to decide. If the credit card debt is recognized as one party's personal debt, the debtor shall bear the repayment responsibility with his personal property.

legal ground

Article 1089 of the Civil Code

At the time of divorce, the joint debts of husband and wife are paid off by both parties. If the joint property is insufficient to pay off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, it is up to the people to decide.

Article 36 of the Interpretation of the Supreme People's Court on the Application of Marriage and Family Law (I)

If one of the spouses dies, the surviving spouse shall be liable for the joint debts of the husband and wife during the marriage relationship.

How to distribute the credit card debt of divorce?

How to distribute the credit card debt of divorce?

Now many people have their own online loans, mortgages and car loans. If there is a bad record of personal credit information after the online loan is overdue, which will affect the loan application on other platforms in the future, how to allocate the divorced credit card debt?

How to allocate the debt of divorce credit card 1

First, how to deal with divorce credit card debt

1, depending on whether the divorced credit card debt is a joint debt of husband and wife or a personal debt.

2. The debts owed in the name of one party during the marriage relationship shall, in principle, be recognized as joint debts of husband and wife (except debts owed by illegal debts, gambling debts or engaging in illegal and criminal acts, or not protected by law, or borne by the debtor himself).

However, if one of the husband and wife can prove that the debt is really the debtor's personal debt, then the parties to the marriage relationship without debt can resist the creditor's request. There are two main situations that belong to personal debt. One is that the creditor and the debtor clearly agree that the debt belongs to personal debt;

The other is the situation stipulated in Item 3 of Article 1065 of the Civil Code. Item 3 of Article 1065 of the Civil Code stipulates that "the property acquired by husband and wife during the marriage relationship shall be agreed to be owned by each other, and if a third party knows the agreement, it shall be paid off with the property owned by husband and wife".

If it is recognized as a husband-and-wife debt, the borrower can't prove that Qian Ceng is used for husband-and-wife living together, and can ask the borrower to pay back the money.

Second, what should both husband and wife pay attention to in divorce debt?

1. Joint debts incurred by both parties at the time of divorce shall be repaid with joint property. The remaining part of the common property after paying off the debts shall be divided by both parties. In this case, the joint debt of husband and wife is eliminated by paying off.

2. If the joint property of both parties is insufficient to pay off, or the property belongs to each other, or the joint debt has not expired at the time of divorce, and one or both parties are unwilling to pay off in advance, their respective shares in the joint debt shall be determined by mutual agreement.

In this case, the debt settlement agreement between the two parties, except for the creditor's consent and exemption from joint liability, only has internal effect, but it is the debt share agreed by both parties and has no external effect. After divorce, creditors are still joint debts, and creditors still have the right to claim rights from both men and women for the joint debts of husband and wife.

If the two sides can't reach an agreement, the people will make a judgment. According to the economic situation and ability of both parties and the principle of taking care of the woman and directly raising the children, it is decided that both parties should bear the debt according to a certain proportion or let the party with strong economic ability bear the debt alone.

In this case, the judgment determines the debt share shared by both parties, which has only internal effect. Therefore, it cannot be considered that the judgment has the certainty of changing the joint debt into joint debt. If the judgment, ruling or conciliation statement of the people's court has dealt with the problem of husband and wife, the creditor still has the right to claim rights from both men and women for the joint debt of husband and wife.

4. After one party is jointly and severally liable for joint debts, it has the right to claim compensation from the other party according to the divorce agreement or people's legal documents. After the divorce, one party is exempted from the obligation to pay off the creditor because it pays off more than its share, and has the right to ask the other party to repay their respective share. This is the right of claim between joint and several debtors.

To sum up, if the divorce credit card debt is a joint debt of husband and wife, it should be repaid jointly by husband and wife; If the divorce credit card debt is a personal debt, it should be borne by the debtor himself.

How to allocate the debt of divorce credit card II

Who will pay off the credit card debt when the husband and wife divorce?

Who should bear the responsibility for the credit card debt after divorce can be divided into the following situations according to the specific circumstances:

1. If the credit card debt that one of the spouses needs to repay is used for joint operation and family life, this situation belongs to the joint debt of the husband and wife, and both parties shall bear the responsibility for repayment within the scope of joint property. If the other party who does not borrow does not think that the debt belongs to the joint debt of husband and wife, it needs to give corresponding proof;

2. If the credit card debt is unilaterally incurred by one spouse before marriage, that is to say, it is his own personal debt, then the other spouse does not need to bear the repayment conveniently;

3. If the two people have a clear agreement on the ownership and distribution of property in advance during the marriage relationship, for example, they agree that the property belongs to each other and the debts are borne by each other, and there are relevant certificates that can fully explain the facts.

Then, no matter whether the credit card debt is used for common life or personal use, one party's credit card debt does not need to be repaid by the other party;

4. If the credit card debt owed by one spouse is used for personal expenses or illegal activities, such as gambling, whoring, drug trafficking, gun selling, etc. In these cases, the other party does not need to bear the repayment responsibility because the illegal act will not be protected by our laws.

5. If the debts assumed by both parties are not clearly expressed as personal debts during the marriage relationship, they should be treated as joint debts, that is, both husband and wife are jointly and severally liable for the debts. At the same time, any party who has foreign debts before marriage, but uses them for husband and wife to live together after marriage, is also a joint debt of husband and wife.

Based on the above situation, as long as the debt owed by one party exists during the marriage relationship, it is recognized as the joint debt of husband and wife in principle (except for illegal use, which is not protected by law and should be borne by the debtor himself).

However, as long as one of the husband and wife can provide sufficient evidence to prove that the debt is indeed the debtor's personal debt, then the debtor-free party can refuse the creditor's request.

There are two main types of personal debts:

One is that the creditor and the debtor clearly agree that the debt is personal;

The other is in accordance with the third paragraph of Article 1065 of the Civil Code (202 1. 1 came into effect). That is to say, the third item of Article 1065 of the Civil Code stipulates that "the property acquired by the husband and wife during the existence of the marriage relationship shall be owned by each other, and if the third party knows this agreement, it shall be paid off with the property owned by the husband and wife".

Once the debt belongs to the husband and wife, the borrower can not fully prove that the money is used in the husband and wife's common life, and can ask the borrower to pay back the money.

How to distribute credit card debt in divorce 3

1. How to divide the debts of husband and wife?

Joint debts of husband and wife include: debts incurred due to the purchase of family necessities and the payment of family living expenses; Debts arising from the construction, purchase and decoration of houses; Debts incurred in fulfilling the obligations of raising children and supporting parents; Debts incurred by one or both spouses for treating diseases; Debts arising from cultural, educational, recreational and sports activities agreed by both husband and wife;

And the debts of one or both parties engaged in self-employment; Engaged in production and business activities in the name of an individual, but the income is used for debts arising from family life and other debts arising from infringement compensation in daily life.

When the nature of the debt is difficult to determine whether it is a joint debt or a personal debt, it can be presumed to be a joint debt of husband and wife according to the law.

However, if one of the spouses can prove that the creditor and the debtor clearly agreed to be personal debts, or if one of the spouses can prove that when the debt relationship arose, the creditor knew that the property agreed by the husband and wife during the marriage relationship was his own, the debt was personal debts and could not be presumed as joint debts.

2. How to deal with the joint debt of husband and wife in divorce?

According to Article 41 of the Marriage Law of the People's Republic of China: "At the time of divorce, the debts originally incurred by the husband and wife living together shall be paid off jointly by the husband and wife. If the joint property is insufficient to pay off, or if the property belongs to each other, it shall be paid off by mutual agreement; When the agreement fails, it will be decided by the people. "

In the way of responsibility, the husband and wife's "joint repayment" responsibility is joint repayment responsibility. Regardless of whether the two parties are divorced or not, they should pay off their joint debts with their joint property and their respective property.

Creditors have the right to require one or both spouses to repay part or all of their debts, regardless of their share or priority. Either spouse shall bear all or part of the debts according to the requirements of the creditors. When one spouse's property is insufficient to pay off, the other spouse is liable to pay off.

How to take credit card debt after divorce

How to take credit card debt after divorce

How to bear the credit card debt after divorce has always been a high divorce rate, and divorce has become a common choice in mass marriage. "Together, we will get together, not together, we will part" has become the family concept of most couples, and timely stop loss is the way of modern marriage. Let's look at how to take credit card debt after divorce.

How to bear the credit card debt after divorce?

First, how to deal with divorce credit card debt

1, depending on whether the divorced credit card debt is a joint debt of husband and wife or a personal debt.

2. The debts owed in the name of one party during the marriage relationship shall, in principle, be recognized as joint debts of husband and wife (except debts owed by illegal debts, gambling debts or engaging in illegal and criminal acts, or not protected by law, or borne by the debtor himself). However, if one of the spouses can prove that the debt is really the debtor's personal debt.

Then the parties to the marriage without debt can resist the creditor's request. There are two main situations that belong to personal debt. One is that the creditor and the debtor clearly agree that the debt belongs to personal debt; The other is the situation stipulated in Item 3 of Article 1065 of the Civil Code.

Item 3 of Article 1065 of the Civil Code stipulates that "the property acquired by husband and wife during the marriage relationship shall be agreed to be owned by each other, and if a third party knows the agreement, it shall be paid off with the property owned by husband and wife".

If it is recognized as a husband-and-wife debt, the borrower can't prove that Qian Ceng is used for husband-and-wife living together, and can ask the borrower to pay back the money.

Second, what should both husband and wife pay attention to in divorce debt?

1. Joint debts incurred by both parties at the time of divorce shall be repaid with joint property. The remaining part of the common property after paying off the debts shall be divided by both parties. In this case, the joint debt of husband and wife is eliminated by paying off.

2. If the joint property of both parties is insufficient to pay off, or the property belongs to each other, or the joint debt has not expired at the time of divorce, and one or both parties are unwilling to pay off in advance, their respective shares in the joint debt shall be determined by mutual agreement. In this case, the debt settlement agreement between the two parties is not only agreed by the creditors, but also exempted from joint liability.

It only has internal effect, but it is the debt share agreed by both parties and has no external effect. After divorce, creditors are still joint debts, and creditors still have the right to claim rights from both men and women for the joint debts of husband and wife.

If the two sides can't reach an agreement, the people will make a judgment. According to the economic situation and ability of both parties and the principle of taking care of their wives and raising children directly, it is decided that both parties should bear the debt in a certain proportion or let the one with strong economic ability bear the debt alone. In this case, the judgment determines the debt share shared by both parties.

It only has internal effect, and it cannot be considered that the judgment has the certainty of changing joint and several debts into joint and several debts. If the judgment, ruling or conciliation statement of the people's court has dealt with the problem of husband and wife, the creditor still has the right to claim rights from both men and women for the joint debt of husband and wife.

4. After one party is jointly and severally liable for joint debts, it has the right to claim compensation from the other party according to the divorce agreement or people's legal documents. After the divorce, one party is exempted from the obligation to pay off the creditor because it pays off more than its share, and has the right to ask the other party to repay their respective share. This is the right of claim between joint and several debtors.

To sum up, if the divorce credit card debt is a joint debt of husband and wife, it should be repaid jointly by husband and wife; If the divorce credit card debt is a personal debt, it should be borne by the debtor himself.

How to bear credit card debt after divorce II

It depends on the specific situation. If the credit card debt belongs to the joint debt of husband and wife, it still needs to be repaid by both parties after divorce. If it is a personal debt, the debtor shall bear the responsibility for repayment. The people should support the debts incurred by one of the husband and wife for the daily life 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 joint debts of the husband and wife.

Article 1064 of the Civil Code: The debts incurred by the husband and wife jointly sign or one of them ratifies afterwards, and the debts incurred by the husband and wife in their own name for the daily needs of the family during the marriage relationship.

Belongs to the joint debt of husband and wife. Debts incurred by one spouse in his own name during the marriage relationship that exceed the daily needs of the family are not joint debts of husband and wife; However, the creditor can prove that the debt is used for husband and wife's common life, joint production and operation, or based on the common will of both husband and wife.

Joint debts of husband and wife include: debts incurred due to the purchase of family necessities and the payment of family living expenses; Debts arising from the construction, purchase and decoration of houses; Debts incurred in fulfilling the obligations of raising children and supporting parents; Debts incurred by one or both spouses for treating diseases;

Debts arising from cultural, educational, recreational and sports activities agreed by both husband and wife; And the debts of one or both parties engaged in self-employment; Engaged in production and business activities in the name of an individual, but the income is used for debts arising from family life and other debts arising from infringement compensation in daily life.

When the nature of the debt is difficult to determine whether it is a joint debt or a personal debt, it can be presumed to be a joint debt of husband and wife according to the law. However, if one of the husband and wife can prove that he and the debtor clearly agreed to be personal debts, or one of them can prove that when the debt relationship arises, the creditor knows that the property agreed by the husband and wife during the marriage relationship is his own, and the debt belongs to personal debts and cannot be presumed as joint debts.

How to bear credit card debt after divorce 3

Who should bear the responsibility for the credit card debt after divorce can be divided into the following situations according to the specific circumstances:

1. If the credit card debt that one of the spouses needs to repay is used for joint operation and family life, this situation belongs to the joint debt of the husband and wife, and both parties shall bear the responsibility for repayment within the scope of joint property. If the other party who does not borrow does not think that the debt belongs to the joint debt of husband and wife, it needs to give corresponding proof;

2. If the credit card debt is unilaterally incurred by one spouse before marriage, that is to say, it is his own personal debt, then the other spouse does not need to bear the repayment conveniently;

3. If two people have a clear agreement on the ownership and distribution of property in advance during the marriage relationship, for example, they agree that their respective property belongs to the other party and their respective debts are borne by the other party, and there are relevant certificates that can fully explain the facts, then no matter whether the credit card debt is used for mutual life or personal use, one party is not required to bear the repayment responsibility of the other party;

4. If the credit card debt owed by one spouse is used for personal expenses or illegal activities, such as gambling, whoring, drug trafficking, gun selling, etc. In these cases, the other party does not need to bear the repayment responsibility because the illegal act will not be protected by our laws.

5. If the debts assumed by both parties are not clearly expressed as personal debts during the marriage relationship, they should be treated as joint debts, that is, both husband and wife are jointly and severally liable for the debts. At the same time, any party who has foreign debts before marriage, but uses them for husband and wife to live together after marriage, is also a joint debt of husband and wife.

Based on the above situation, as long as the debt owed by one party exists during the marriage relationship, it is recognized as the joint debt of husband and wife in principle (except for illegal use, which is not protected by law and should be borne by the debtor himself). However, as long as one of the husband and wife can provide sufficient evidence to prove that the debt is indeed the debtor's personal debt, then the debtor-free party can refuse the creditor's request.

There are two main types of personal debts:

One is that the creditor and the debtor clearly agree that the debt is personal;

The other is in accordance with the third paragraph of Article 1065 of the Civil Code (202 1. 1 came into effect). That is, the third item of Article 1065 of the Civil Code stipulates that "the property acquired by husband and wife during the marriage relationship shall be owned by each other.

If the third party knows the agreement, it shall be paid off with the property jointly owned by the husband and wife. "Once it is determined that the debt belongs to the husband and wife, and the borrower cannot fully prove that the money is used in the husband and wife's common life, you can ask the borrower to pay back the money.

So much for the introduction of how to divide the credit card debt in divorce.