Is it illegal to overdue a credit card issued during marriage after a divorce?

Is it illegal to overdue a credit card issued during a marriage? There are too many trivial matters in marriage, and now more and more in life People choose to divorce, and the divorce process is complicated, so it is necessary to understand it clearly in advance. Is it illegal to overdue a credit card after a divorce if you apply for a credit card during marriage? Is it illegal to overdue a credit card after a divorce if you apply for a credit card during marriage? 1

If you let it go No matter what, you will go to jail. To be jailed, it should constitute malicious overdraft.

1. How to deal with divorce credit card debt

1. It depends on whether the divorce credit card debt is a joint debt of husband and wife or an individual 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 have debts at the time of divorce, the debts of the same spouse that have expired should be repaid by the property of the same spouse. ***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 financial 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. Is it illegal to overdue a credit card issued during marriage? 2

1. Will the other party still have to bear the credit card debt after divorce?

The credit card debt incurred after divorce is a personal debt and does not need to be borne by the other party. repay.

If the credit card debt is a mutual debt incurred during the marriage, the other party will be responsible for repaying it.

"People's Republic of China and Civil Code"

The husband and wife have the same debt, the husband and wife have the same signature, or one spouse has ratified it later, etc. Debts borne by a spouse, as well as debts borne by one spouse in his or her own name for the daily needs of the family during the marriage, are joint debts between the spouses.

Debts borne by one spouse in his or her own name during the marriage, which exceed the daily needs of the family, are not joint debts of the couple; however, the creditor can prove that the debt is used for the joint purpose of the couple. Exceptions include life, sex, production and operation, or based on the consent of both spouses.

When a husband and wife are divorced, they must repay their debts together. When they are divorced, their debts must be repaid together. If the property of the two parties is insufficient to repay or the property belongs to each other, the two parties shall agree to repay the repayment; if the agreement fails, the People's Court shall make a judgment.

2. What evidence is required for divorce when one party cheats?

1. Letter of guarantee, apology, repentance, etc. If the extramarital affair is exposed, one party writes in desperation Written evidence of repentance.

2. After the unit verifies an employee’s extramarital affair, it will sometimes deal with the employee’s lifestyle issues and will have some handling materials.

3. Letters, text messages, emails, WeChat or QQ chat records and other materials exchanged between the two parties.

4. Catch an adulterer in bed. It is very difficult to collect this kind of evidence. It can be obtained by taking photos, but you must be careful not to infringe on privacy.

5. When a prostitution incident is discovered, the police usually intervene and there are police records.

6. The People’s Court’s legal document identifying one party’s bigamy.

7. Witness testimony.

Audio recordings of the couple’s negotiations on marital affairs, videos and photos of one party to the marriage and a third party going out and having sex at the same place, hugging hands, or entering the room, etc.