Will a credit card that is overdue after a marriage be considered a joint debt of both husband and wife after divorce?

Will a credit card that is overdue after a divorce be considered a joint debt of both husband and wife? The law is in our hands In fact, it provides a guarantee for our personal rights and interests in life. It actually covers a lot of legal issues. Will the following credit cards issued during marriage be considered as joint debts after divorce? Will a credit card issued during marriage be considered a joint debt of husband and wife if overdue after divorce1

1. Is the credit card debt jointly owned by husband and wife after divorce?

1. Credit card consumption If it is used for the same life of the family, it should be considered as the same debt;

2. The burden of proof is on the party claiming that the credit card debt belongs to the same debtor: there are true consumption records, Only when there is relevant original evidence, the consumption comes from the credit card, and the authenticity, legality, and relevance of the evidence are all present, can it be sufficient to prove that the credit card debt is a joint debt between husband and wife.

Although credit card debts can be repaid by defined parties, bad credit records caused by overdue credit cards will only be recorded in the name of the cardholder. During the relationship between husband and wife, the bad credit record of one spouse due to overdue credit cards will also have an impact on the other spouse's application for loans.

The liability of husband and wife to "share the repayment" is a joint and several liability. Regardless of whether the two parties have divorced, they must repay the same debt with the property owned by the husband and wife and their own property. .

The creditor has the right to demand the payment of part or all of the debt from one or both spouses, regardless of the share that the husband and wife should bear, nor the order of priority. Either spouse should pay all or part of the debt according to the creditor's request. If one party's property is insufficient to repay the debt, the other party shall be responsible for repaying the debt.

2. How should debts be borne during divorce?

Article 41 of the "Marriage Law of the People's Republic of China"

In the event of divorce, the debts originally incurred by the husband and wife while living together shall be repaid jointly. If the property of the two parties is insufficient to repay the debt, or if the property belongs to each other, the two parties shall agree to repay the debt; if agreement cannot be reached, the People's Court shall make a judgment.

Article 47 of the "Marriage Law of the People's Republic of China"

During divorce, one party hides, transfers, sells, or destroys the joint property of the husband and wife, or forges debts If a party attempts to misappropriate the other party's property, when dividing the joint property of the spouses, the party who hides, transfers, sells, destroys the joint property of the spouses, or forges debts may receive less or no division. After divorce, if the other party discovers the above-mentioned behavior, he or she may file a lawsuit with the People's Court to request another division of the marital property.

Although the credit card debt is used for the family’s joint life and should be considered a joint debt of husband and wife, the other party also has a legal obligation to repay it jointly, but , if the other party refuses to repay and I have no ability to repay, my credit record will be affected after the credit card is overdue. If a credit card used during marriage is overdue after divorce, will it be considered a joint debt of husband and wife? 2

If my husband uses a credit card in my name during marriage, will it be considered a joint debt of husband and wife after divorce?

To determine whether the debts incurred during the marriage are joint debts of the husband and wife, there are generally two criteria for judgment.

1. Whether the husband and wife have a joint agreement to raise debt, and whether the husband and wife share the benefits brought by the debt. If the husband and wife have a joint agreement to raise a debt, regardless of the benefits brought by the debt, Whether the interests are shared by both spouses, the debt should be regarded as a joint debt.

2. Although the husband and wife have not agreed to jointly raise the debt beforehand or afterwards, after the debt is incurred, the husband and wife jointly share the benefits brought by the debt, which should also be regarded as ***Same debt.

In other words, if the credit card debt is incurred after the consent of both spouses, it is certainly a joint debt. If one party does not know when the other party uses a credit card, but later enjoys the benefits brought by the credit card consumption, it is also a separate debt.

"Marriage Law of the People's Republic of China"

Article 41 When *** divorces over debts, the original husband and wife *** Debts borne by people living together should be repaid together. If the property of the two parties is insufficient to repay the debt, or if the property belongs to each of them, the two parties shall agree to repay the debt; if an agreement cannot be reached, the People's Court shall make a judgment.

If one party claims rights against debts borne in his or her own name, the debts shall be treated as joint debts between husband and wife. However, this is except where one spouse can prove that the creditor and debtor have clearly agreed that the debt is a personal debt, or can prove that it falls under the circumstances specified in paragraph 3 of Article 19 of the Marriage Law.

If one spouse colludes with a third party to fabricate debts and the third party claims rights, the people's court will not support it.

If a third party claims debts incurred by one spouse while engaging in illegal and criminal activities such as gambling, drug abuse, etc., the people's court will not support it. Will a credit card issued during marriage be overdue after divorce and be considered a joint debt of the couple? 3

How to collect evidence of separation between husband and wife, how to deal with debts in divorce after separation of husband and wife

1. The purpose of separation certificate

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When going to the court for divorce, generally speaking, if it can be proven that the couple has been separated for two years due to emotional discord, it can be proved that the couple's relationship has broken down, thereby increasing the possibility of the court ruling on divorce. Therefore, how to provide proof of separation proving that the couple has been separated for more than two years has become a key issue.

2. How to collect proof of divorce and separation

How to prove the fact of separation to the court? If you just talk about separation and the other party denies it, it will be difficult for the law to determine the fact of separation. Therefore, exact proof of separation must be provided. Generally speaking, the evidence that can be used as proof of separation includes:

1. The house where one party lives outside the home. Lease contract;

2. Written agreement on separation of husband and wife signed by both parties;

3. Proof of residence in the neighborhood committee (or property), water, electricity, gas invoices, etc.;

< p> 4. Letters and emails exchanged between the two parties can prove the fact that the two parties are not emotionally harmonious and separated;

5. Witness testimony, such as friends, relatives or neighbors known to both parties, preferably if possible Get witnesses to testify.

After one party submits the above-mentioned proof of separation to the court, the defendant generally no longer denies the fact of separation. Even if he denies it, if the defendant cannot provide contrary proof of separation, the law will also recognize the fact of separation. Therefore, From this point of view, being able to provide proof of separation will make it easier for the plaintiff to achieve the purpose of divorce.

1. How to handle separation debts during divorce

When husband and wife separate, the debts borne by one party at the time of divorce are not necessarily the same debts. There are two situations here:

(1) Our country’s law stipulates that if one spouse is abused by the other and cannot live together, they run away from home. The person who runs away must pay for daily expenses and medical treatment, Debts owed for raising children are joint debts of husband and wife.

(2) The law also stipulates that during the marriage, the two parties live separately due to the deterioration of their relationship, and the debts incurred by one party for doing business and the income is not used for the family's living together are considered personal debts .

That is to say, whether the debts borne by one party after separation are joint debts depends on the reason for the debts. If one party cannot bear the abuse or discrimination of the other party and runs away or separates, the debts incurred during the separation period for living or legal support, or for treatment of diseases, etc., shall be joint debts of the couple. Because there is a legal obligation between husband and wife to support each other.

If one party after separation bears debts for production and business operations, and the income from production and business operations is not used to support the family or is not used for family expenses, then his/her business operations Production is a personal act and has nothing to do with his family life. The debt incurred for this is also a personal debt and should be paid off personally. In the event of divorce, the other party has no responsibility to pay off the debt.

2. How to deal with divorce debts of husband and wife

(1) The debts borne during the relationship between husband and wife, if they are for a common life and a common life, If there are mutual reasons such as investment, support for the elderly and children, etc., the debts will be borne by both parties.

(2) If one party owes a debt due to illegal activities (such as gambling, drug abuse) and conceals it from the other party when borrowing the debt, the debt cannot be regarded as a separate debt.

(3) In principle, the debt borne by one party before marriage shall be borne by the individual, but if the debt is for the purchase of real estate or other valuables used by both spouses to live together, and the debt If the items are converted into property due to the long-term relationship between husband and wife, the liability shall be treated as the joint liability of husband and wife.

As for the debts incurred by a couple during their separation, it cannot be generally considered to be the individual debts of the couple or the joint debts of the couple. First, we need to look at the reason for the debt. If the debt borne by one party after separation is for production and business operations, and the income from production and business operations is not used to support the family or for household expenses, then the debt at this time is a personal debt and should be borne by his personal settlement.