When two people become husband and wife, it means they are one body, including the money earned by the two people, and the debts incurred by the two people together, should be owned by both parties. Many people must want to know, what to do with credit card debt in divorce? What should couples pay attention to when they divorce? If you want to know more about how to deal with credit card debt in divorce, follow me.

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 recognized as joint debts of the couple (except for illegal debts. Debts owed by gambling debts or illegal and criminal activities are either not protected by law, or should be paid by the spouse). The debtor shall bear the responsibility alone) shall 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 fall into the category. One is when the creditor and the debtor explicitly agree that the debt is a personal debt; the other is when it falls under Paragraph 3 of Article 1065 of the Civil Code. 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 borrowing party to repay the money.

2. Divorce Debts of Spouses What you need to pay attention to: 1. When both parties get divorced, the debts of the spouse that have expired should be repaid by the property of the 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 joint property of both parties is insufficient to repay, or the property belongs to each other, or the joint debts have not yet matured at the time of divorce, and one or both parties are unwilling to pay off in advance, the parties shall agree to determine the ** that each party shall bear. *Share of the same debt. In this case, the debt settlement agreement between the two parties, except for the creditor's consent and exemption from joint and several liability, only has internal effect. It is only the agreement between the two parties on their respective share of the debt, and it does not have external effect. 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 economic 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. Therefore, it cannot be considered that the court's judgment has the power to change joint debts into debts in shares. 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 divorce 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. To sum up, if the divorce credit card debt is a joint debt of husband and wife, then it should be repaid by both husband and wife; if the divorce credit card debt is an individual debt, then it should be borne by the debtor alone. This is what we know in this area. I hope this article of mine can help you. If you want to know more about these aspects, you can also search online.