If the credit card debt of husband and wife is formed during the marriage, and the amount is small, and both husband and wife can't prove that the money is not shared by husband and wife, the judge can freely prove that the credit card debt is a joint debt of husband and wife and needs to be repaid by the other husband and wife. If the amount is large, the bank needs to prove that the money on the credit card is the husband and wife living together. If it cannot be proved, according to the new judicial interpretation, the debt belongs to personal debt, not to the joint debt of husband and wife. The joint debt of husband and wife can be divided into the following situations: 1, one spouse participates in the loan of the other; 2. One spouse promises to repay the debt of the other spouse; 3, the foreign debt between husband and wife is due to the needs of husband and wife living together or production and operation.

legal ground

The Supreme People's Court's explanation on the application of law in the trial of husband and wife debt disputes

Article 1 Debts jointly signed by husband and wife or ratified by one party afterwards shall be recognized as joint debts of husband and wife.

Article 3 The people's court shall not support the debt incurred by one spouse in his own name during the marriage relationship that exceeds the daily needs of the family, and the creditor claims the rights on the grounds that it belongs to the joint debt of the husband and wife, except that the creditor can prove that the debt is used for the joint life, joint production and operation of the husband and wife or expressed on the basis of the common meaning of the husband and wife.