Ex-husband's credit card expired after divorce. It is very common to have money now. In real life, one spouse may borrow money from the other without telling the other, and the loan needs to be repaid, so it is impossible to repay the debt. Let's look at the overdue credit card after the ex-husband divorced.

Ex-husband's credit card expired after divorce 1. The first is within the scope of the law. The debts during the existence of the relationship between husband and wife shall be shared by both parties. However, your divorce agreement has stated that all debts will be borne by your ex-husband. Now the bank calls you for a dunning. You just need to explain the situation. If the bank sues, it will sue your ex-husband. Don't worry.

Legal basis:

Article 65 of the Civil Procedure Law stipulates that the parties shall provide evidence for their claims in time. The people's court shall, according to the litigant's claim and the trial of the case, determine the evidence that the litigant should provide and its time limit. It is indeed difficult for the parties to give evidence within the time limit.

You can apply to the people's court for an extension of the time limit, and the people's court will extend it appropriately according to the application of the parties. If a party fails to provide evidence within the time limit, the people's court shall order it to explain the reasons; If the people's court refuses to explain the reasons or the reasons cannot be established, it may reject the evidence according to different circumstances, or accept the evidence but admonish it and impose a fine.

Isn't it a crime to spend overdue with a credit card?

Using a credit card for overdue consumption is not a civil breach of contract and does not constitute a crime. However, if it is overdue after malicious overdraft, it constitutes the crime of credit card fraud. Whoever commits this crime and swindles a large amount shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.

Ex-husband's credit card expired after divorce. 2. Will the ex-husband's credit card still affect his ex-wife?

Ex-husband's failure to return his credit card may affect his ex-wife. If the debt belongs to the ex-husband's personal debt, it generally does not affect the ex-wife. But if the debt is the joint debt of the previous husband and wife, it will affect the ex-wife. That is to say, the ex-husband's credit card debt is the debt incurred for the daily needs of the family in his own name during the marriage, and the ex-wife has the responsibility to exceed the debt incurred for the daily needs of the family in his own name, but the ex-wife has no responsibility.

Legal analysis

If it is a joint debt of husband and wife, the credit card owed by the ex-husband to the bank will affect the ex-wife. According to the relevant laws and regulations, the scope of joint debts of husband and wife is: debts incurred by husband and wife to maintain normal family life; The debts incurred in production and operation include those incurred in industrial and commercial or rural contracted operation.

Debts incurred in purchasing means of production, debts incurred in joint investment or other financial activities, taxes owed in these production and business activities, etc. ; Debt arising from medical expenses during marriage; Husband and wife must support, support and support their relatives to pay their living expenses because they fulfill their legal obligations of support, support and support.

Medical expenses, education expenses, etc. And bear the debt; The education and training expenses that one or both spouses need to pay for their better development during the marriage relationship; During the marriage relationship, one or both of the husband and wife are in debt to pay the legal and necessary social communication expenses in daily communication;

If the husband and wife agree to be joint debts, they are all recognized as joint debts on the premise of not infringing on the creditors. If it is proved that the bank credit card was used in the above aspects, both husband and wife should bear the responsibility of paying back the money.

legal ground

Article 1064 of the Civil Code of People's Republic of China (PRC) stipulates the debts incurred by the husband and wife jointly signing or one party ratifying afterwards, as well as the debts incurred by one party in his own name for the daily needs of the family during the marriage relationship.

Belongs to the joint debt of husband and wife. During the marriage relationship, the debts incurred by one spouse in his own name that exceed the daily needs of the family are not joint debts of the 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.

After the divorce, the ex-husband's credit card is overdue, and the husband still owes the credit card, which has the following effects on his wife:

1. If the credit card is used for family life, it shall be recognized as the joint debt of husband and wife, and the wife shall bear the repayment responsibility;

2. If it can be determined that the credit card arrears of the parties belong to the joint debt of the husband and wife, then the wife of the parties should also bear the repayment responsibility;

3. Credit card consumption is used for family expenses, but the wife's personal credit information will not be affected, and the personal credit information will be affected by the cardholder himself.

Creditors have the right to demand repayment from any debtor. Creditors who are jointly and severally liable may require one or several debtors or all debtors to repay all or part of their debts at the same time or successively.

Before the joint and several debts are fully performed, all debtors are still jointly and severally liable.

Is credit card a joint debt of husband and wife?

The law stipulates that the husband and wife's liability for debt repayment is joint and several. Whether divorced or not, this responsibility is shared by both parties. Creditors or banks also have the right to repay part or all of their debts to one or both spouses. This is out of order. When one party's property is insufficient to repay, the other party must bear the responsibility for repayment.

If credit card consumption is used for family daily living expenses, the court will determine that it belongs to the joint debt of husband and wife and should repay it together. For example, couples buy a house or decorate a house together, or buy household appliances and daily necessities to spend money on their children's education. Those who do not belong to these circumstances are regarded as the personal private property of one party and do not need to be repaid together.

In addition, there is the issue of joint liability of credit cards. There must be original evidence related to the credit card and evidence that the consumption comes from this credit card. Is this evidence true and legal? Only in this way can there be enough evidence to prove whether this credit card belongs to the joint debt of husband and wife.

Although the debt of a credit card can be clearly agreed whether to repay one party or both parties, the negative credit record generated by the overdue credit card will only be recorded in the name of the credit card registrant. During the marriage, one spouse's credit card has a bad overdue record.

It will also have an impact on the credit of the other party. For example, if a wife wants to apply for a loan in her own name because her credit card is overdue, it may be affected and even rejected by the bank. When a husband and wife divorce, the negative influence on the other party will disappear.

When applying for divorce, the real estate debt originally belonged to common life, and should also be repaid together after divorce. When the common property of both parties is not enough to repay, or the property is divided into their own, both parties shall negotiate the repayment method and the proportion of repayment amount by themselves. If negotiation fails, the court will make a judgment.