1, credit card debt does not necessarily belong to the joint debt of husband and wife. They are:
(1) Credit card consumption occurs during the existence of husband and wife. If it can be proved that the debt is generated by the common life of husband and wife, it can be recognized as the joint debt of husband and wife;
(2) If the credit card consumption is only used by one party, it cannot be recognized as the joint debt of husband and wife.
2. Legal basis: Article 1089 of the Civil Code of People's Republic of China (PRC).
At the time of divorce, the joint debts of husband and wife are paid off by both parties. If the joint property is insufficient to pay off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment.
Second, which debts belong to the joint debt of husband and wife?
1. Debts incurred jointly by husband and wife for family life. Debts arising from the joint life of husband and wife are joint debts of husband and wife, which are jointly repaid by husband and wife. Living together here means that the debt generated for families should be to maintain normal family life and family expenses, similar to the debt assumed by buying a house. Not only food, clothing, housing and transportation, but also education investment;
2. The property bought before marriage is converted into common property, and the debt should be converted into common debt. Buying a house before marriage is a party's personal property according to Chinese laws, and its debt should be personal debt. However, when the property or the property it sells is converted into common property, the personal debt based on the property is converted into common debt.
3, engaged in production and operation of debt. In the life of husband and wife, some people use marital property for production and operation, while others use personal property for production and operation. Of course, the former debt is joint and several, and the latter debt is joint and several as long as it is used for family life.
4, because of raising children or supporting the elderly have the obligation to support the debt;
5. Debts incurred to pay just and necessary social communication expenses;
6. Debt agreed by husband and wife as joint debt;
7. The debts incurred by one or both spouses due to medical treatment and treatment of patients have legal obligations;
8. Other debts that should be recognized as joint debts of husband and wife.