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The woman had a credit card debt during the marriage. Will the man’s mortgage loan to buy a house be affected after the divorce?

Hello, the woman’s credit card debt during the marriage will generally not be affected by your mortgage loan to buy a house after the divorce. Because the bank will consider your credit record and loan repayment ability, and generally does not involve your ex-wife. However, if the woman's credit card debt is borne by the couple, then the debt is a joint debt of the couple and you may need to repay it.

The "Civil Code" makes clear provisions on the debts of husband and wife. First, debts borne based on the consent of husband and wife are joint debts of husband and wife. Second, debts incurred for daily family life needs are shared debts for husband and wife. Third, if the debt exceeds the daily needs of the family and the creditor cannot prove that the debt is used for the husband and wife's daily life, production and operation, or based on the consent of both husband and wife, it does not belong to the couple. *Same as debt.

During the marriage, in addition to daily household debts caused by the exercise of daily household agency rights, the couple will also form other creditor-debt relationships with third parties, such as large loans, gifts, real estate sales, etc. In order to protect the legitimate rights and interests of the debtor's spouse, the law clearly stipulates that the debt borne in this case is not in principle a marital debt, unless the creditor can provide evidence to prove that the debt was used for the husband and wife's living together, etc. .

Legal Basis

"The People's Republic of China and the Civil Code"

Article 1089: When divorcing, the husband and wife share the same debts It should be repaid together. If the property of the two parties is insufficient to repay or the property belongs to each other, the parties shall agree to repay the repayment; if the agreement fails, the People's Court shall make a judgment.

Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the "People's Republic of China and Civil Code" (1)

Article 35 The divorce agreement of the parties or the people's court takes effect If the judgment, ruling, or mediation document has dealt with the issue of division of marital property, the creditor still has the right to claim rights against the husband and wife for the same debt.

If one party assumes responsibility for repaying the joint debts of the couple and claims that the other party should bear the corresponding debts in accordance with the divorce agreement or the legal documents of the People's Court, the People's Court shall support it.