The husband owes the credit card money, but the wife doesn't know it. Is the wife obligated to repay it?
The husband owes the credit card money, and whether the wife is obligated to repay it without knowing it depends on the situation. The debts incurred by the husband or wife during the marriage period are generally considered to be the same debts of the husband and wife, and both husband and wife are liable for repayment. If the husband is in external debt and the wife doesn't know it, and it is not used for family life, the wife can bear the repayment responsibility without personal property.
legal analysis
whether the husband owes the credit card money and the wife doesn't know whether she has the obligation to repay it depends on whether the husband and wife are involved in the same debt. The following is an analysis of the specific situation: 1. If the debt is borrowed within marriage, it should be considered as the husband and wife's same debt in principle, and even after divorce, the wife still has the obligation to repay it. 2. If the debt is borrowed by the husband before marriage or after divorce, it should belong to the husband's debt, which has nothing to do with the wife. The wife has no obligation to repay and cannot execute the funds belonging to her. If the following circumstances cannot be regarded as the same debts of husband and wife, they should be treated as personal debts, and one party should pay off with personal property: (1) debts agreed by both husband and wife to be borne by individuals, except for the purpose of avoiding debts; (two) without the consent of the other party, one party subsidizes the debts incurred by its relatives and friends who have no obligation to support; (three) without the consent of the other party, one party raises funds to engage in business activities alone, and its income is not used for the debts incurred by the same life; (four) other debts that should be borne by individuals. Husband and wife's debts are generated to maintain their family life, which should be borne by both husband and wife and repaid with their property; If the property of husband and wife is not enough to repay, it should be repaid with the personal property of husband and wife. Personal debts of one spouse shall be paid by one spouse with personal property. If it is determined to be a personal debt, the creditor may not demand repayment from the other party.
Legal basis
Article 162 of the Civil Code of the People's Republic of China
The following property acquired by husband and wife during the marriage relationship is the common property of husband and wife, and belongs to both husband and wife: (1) salary, bonus and remuneration for labor services; (2) Income from production, operation and investment; (3) Income from intellectual property rights; (4) Inherited or donated property, except as provided for in Item 3 of Article 163 of this Law; (five) other property that should be owned by * * *. Husband and wife have equal rights to dispose of the same property.
Article 165 A man and a woman may agree that the property acquired during the marriage relationship and the property before marriage shall be owned by them, owned by them all or part of them, and owned by them part of them. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 162nd and 163rd of this Law shall apply. The agreement between husband and wife on the property obtained during the marriage relationship and the property before marriage is legally binding on both parties. The husband and wife agreed that the property acquired during the marriage relationship should be owned by each other, and if the other party knows the agreement, the personal property of the husband or wife should be used to pay off the debts owed by the husband or wife.
what should I do if my husband owes a credit card of 3, yuan?
If the husband owes 3, yuan to the credit card, it is serious after all. As a cardholder, he can also apply to the bank to "stop the interest payment" and negotiate with the bank to sign a personalized repayment agreement acceptable to both parties. At present, the longest repayment can be made in five years. During this period, the bank will not charge you interest or reduce most of the interest. 1. Repayment by installments: Credit cards can support up to 24 installments of bills, so users can reasonably solve their current financial pressure after installment of their bills. Although a certain installment fee will be charged, it will also ease the economic pressure for users to pay a lot of money at one time by sharing it equally every month. 2. Minimum repayment: The minimum repayment amount of a credit card is generally 1% of the bill, and as long as the user returns the minimum repayment before the repayment date, it is regarded as normal repayment, so the user can make the minimum repayment when the repayment date comes, so as not to cause his credit card to be overdue. 3. Turn over to your family: If the user really can't get the credit card, he can turn over to his family first. After all, the consequences of overdue credit cards are very serious. Users need to ensure that their credit cards will not be overdue first.
Is it related to the wife if the husband owes a credit card?
First, is it related to the wife if the husband owes a credit card? Legally speaking, credit cards are all personal. If there is no repayment, personal credit records will be stained. After a long time, they will be blacklisted by banks, and they will not be able to handle loans and other businesses in banks for a long time. For those who owe money, the bank will exercise the right to demand payment according to law. Simply put, it is all kinds of telephone harassment and sending letters of collection. If the arrears are not paid all the time and the amount is large, the bank will go to jail because of intervention. If the money owed by the husband to the credit card is used for the husband and wife to live together, then it is related to the wife. Second, the relevant knowledge 1. It is of course best if the bank agrees to repay the loan by installments, but if the bank does not agree, it is recommended to pay back the money as soon as possible. 2. If the amount owed reaches more than 1, yuan and is not returned for more than 3 months after being collected twice by the issuing bank, it shall be deemed as "malicious overdraft" in criminal law and suspected of credit card crime. 3. If the amount of malicious overdraft is large, and all overdraft interest has been repaid before the public security organ files the case, if the circumstances are obviously minor, criminal responsibility may not be investigated according to law. 4. Legal basis: Article 196 of the Criminal Law stipulates that credit card crimes and crimes are committed under any of the following circumstances, and those who engage in credit card activities with a relatively large amount shall be sentenced to not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, yuan; If the amount is huge or there are other serious circumstances, it shall be sentenced to not less than five years but not more than ten years, and a fine of not less than 5, yuan but not more than 5, yuan shall be imposed; If the amount is especially huge or there are other particularly serious circumstances, it shall be sentenced to not less than ten years or, in addition, a fine of not less than 5, yuan but not more than 5, yuan or confiscation of property: (1) using a forged credit card; (2) using an invalid credit card; (3) Fraudulent use of another person's credit card; (4) Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the act that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and still refuses to return it after being urged by the issuing bank. If you encounter such problems, you should actively repay them, so as not to bring trouble to your family. If you maliciously fail to repay them, your problems will continue to deteriorate and you will be punished by relevant laws. More importantly, your legitimate interests cannot be practiced within a certain period of time, so you must pay attention to such problems.
Is it related to the wife that the husband owes a credit card? So that's it!
Nowadays, many people are accustomed to using credit cards to spend money, and without self-discipline, it is easy to overdraw credit cards and fail to pay them at maturity. Some users have asked if the husband owes a credit card to his wife. In view of this problem, let's briefly talk about it.
1. Is it related to the wife that the husband owes a credit card?
In this case, if the credit card consumption is used for the daily expenses of the family during the existence of the husband-wife relationship, then the debt wife should also bear it; If it is purely the husband's own personal consumption, it will not affect his wife in principle.
In another case, if the wife inherits the property when the husband dies, then the debts will also be borne at the same time. At this time, she is obliged to pay off the credit card owed to her husband.
second, what should I do if I owe my credit card?
since there is still a marriage relationship, the spouse can help pay it back first, and then ask the other party to pay it back to him, no matter from the aspects of debts or family feelings. Or the parties can choose to repay by installment or minimum repayment, in short, don't pay it back.
After all, if the credit card is overdue, it will have very bad consequences. First of all, it will be a credit report, leaving a bad credit record on the credit report, and buying a house in the future will also affect your spouse. What's more, if you have the ability to repay and refuse to repay, you may be punished by the bank. At that time, your husband will be listed as a list of people who have broken their promises, and children can't attend private schools. Finally, it is only natural to pay back debts, and the debt relationship is definitely unavoidable. On the contrary, with the increase of overdue days, there are more and more penalty interests, and the wool is still on the sheep.
The above is about "Does the husband owe a credit card to his wife?" The answer, I hope to help everyone. Generally speaking, if it is used for family payment, it may have an impact. If it is only the husband's personal behavior, it has no impact on the wife.
Does the money my husband owes to the credit card have anything to do with me?
Whether the money my husband owes to the credit card has anything to do with you. 1. If the money owed is used for self-consumption and not for family life, it belongs to her personal debt and has nothing to do with you; 2. If your husband uses the money owed to the credit card for family life, it belongs to the husband and wife, and it has something to do with you, and you have to pay back the money. Article 164 of the Civil Code stipulates that the debts incurred by both husband and wife with the same signature or by one of them with the same intention after ratification, as well as the debts incurred by one of them in his own name for the daily needs of the family during the marriage relationship, belong to the same debts of husband and wife.
The debts incurred by one of the husband and wife in their own name during the marriage relationship beyond the daily needs of the family do not belong to the same debts of the husband and wife; However, the creditor can prove that the debt is used for the husband and wife's * * * life, * * * production and operation, or based on the same meaning of both husband and wife.
Legal basis
Article 164 of the Civil Code of the People's Republic of China * * * Debts owed by the husband and wife * * * with the same signature or later ratification by one of the husband and wife, and debts owed by one of the husband and wife for the daily needs of the family in his own name during the marriage relationship belong to the same debt. The debts incurred by one of the husband and wife during the marriage relationship in their own name beyond the daily needs of the family do not belong to the same debts of husband and wife; However, the creditor can prove that the debt is used for the husband and wife's * * * life, * * * production and operation, or based on the same meaning of both husband and wife.
how can my husband get a divorce because he owes me a credit card?
Legal analysis: A husband who owes a credit card can get a divorce. If both parties reach an agreement through consultation, they can go to the Civil Affairs Bureau for divorce after signing a divorce agreement; Or the parties can ask for a divorce, and if they think that their feelings have indeed broken down and mediation is ineffective, they can get a divorce.
Legal basis: Article 176 of the Civil Code of the People's Republic of China
If both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.
The divorce agreement shall specify the expression of the will of both parties to divorce voluntarily and the consensus opinions on matters such as child support, property and debt handling.
article 179th if a spouse requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people.
when trying divorce cases, people should mediate; If the relationship has indeed broken down and mediation fails, divorce shall be granted.
If mediation fails under any of the following circumstances, divorce shall be granted:
(1) Bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(3) gambling, drug abuse and other bad habits;
(4) separated for two years due to emotional disharmony;
(5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
if one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
after the people's judgment that divorce is not allowed, the two parties have been separated for one year, and if one party files a divorce lawsuit again, it shall be allowed to divorce.
article 185 after divorce, if a child is directly raised by one party, the other party shall bear part or all of the alimony. The amount of expenses to be borne and the length of the term shall be agreed by both parties; If the agreement fails, it shall be decided by the people.
the agreement or judgment stipulated in the preceding paragraph shall not prevent the children from making reasonable demands to either parent for more than the original amount of the agreement or judgment when necessary.
article 187th at the time of divorce, the joint property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party.
The rights and interests enjoyed by the husband or wife in the contracted management of family land shall be protected according to law.
This is the end of the introduction about the husband owing credit cards and whether his wife should pay them back after his death. I wonder if you found the information you need?