I want to ask, my husband has been using my credit card, and now he is getting a divorce. What about the debt?
At the time of divorce, the debt is handled as follows: 1. Debt is a common loan of both parties, or occurs for the daily needs of the family. Belonging to the joint debts of husband and wife, they should be repaid jointly. In case of divorce, it should be repaid with the joint property of husband and wife. If the joint property of husband and wife is insufficient to repay, both parties shall negotiate to repay it; 2. Debt is a personal debt, or a debt that exceeds the daily needs of the family in the name of an individual. It is not a joint debt of husband and wife. In case of divorce, it should be repaid by the individual, and the other party should fulfill the obligation of repayment free of charge. Legal basis: Article 1064 of the Civil Law of People's Republic of China (PRC) (hereinafter referred to as the Civil Law), the debts jointly signed by the husband and wife or ratified by one of them afterwards, and the debts incurred by one of the husband and wife in his own name for the daily needs of the family during the marriage relationship belong to the joint debts of the husband and wife. Debts incurred by one spouse in his own name during the marriage relationship that exceed the daily needs of the family are not joint debts of 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. Article 1089 Upon divorce, the joint debts of husband and wife shall be paid off jointly. 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.