How to handle the judgment of credit card debt of husband and wife divorce

I. How to handle the judgment of credit card debt of husband and wife divorce

According to the provisions of China's Civil Code, if the debts borne by both husband and wife before marriage are personal debts, they should be borne independently by both parties, and they should not be treated as the same debts as husband and wife. During the existence of the relationship between husband and wife, one of the husband and wife bears foreign debts in its own name, and what is agreed with the debtor is also treated as personal debts, and the other party is not liable for repayment.

However, if the debts assumed by one of the spouses are not clearly personal debts during the marriage relationship, they should be treated as the same debts of the husband and wife. Both husband and wife are jointly and severally liable for this debt. At the same time, if one of the husband and wife takes on foreign debts before marriage, it will be treated as the same debt as the husband and wife after marriage.

if one spouse's credit card overdraft occurs during the marital relationship, and at the same time, this spouse's credit card expenditure does bear part of the family living expenses, then this spouse's credit card debt should be considered as the same debt of the husband and wife, and at this time, the other spouse has the obligation to repay.

Second, how to deal with the debts that suddenly appear in the other party in the divorce

In this case, the other party should check whether the debts exist in the following aspects:

(1) Check the debts proposed by one party one by one and determine whether the debts exist according to the facts;

(2) Require the party claiming the debt to prove whether a debt exists or not, which should be proved by sufficient evidence, including the loan certificate, the creditor's testimony, the proof of where the loan is used, etc.

(3) Carefully check all the evidence to see if there are contradictions and loopholes between them;

(4) According to the evidence provided by creditors, put forward relevant evidence that can refute their claims, such as the contradiction between family income and expenditure, the time of buying household valuables such as houses and the time of debt, indicating the possibility and necessity of no debt, so as to prove that the debt is false, or provide evidence that the debt is a personal debt, not a joint debt of husband and wife.

when handling the dissolution of this kind of marriage, the divorced parties should sign a divorce agreement in accordance with the law. Explain the property, children and real estate of such divorce cases to protect their actual rights and interests. Once this kind of debt occurs, you can't ask the other party to repay it to protect your legitimate rights and interests.