Does my husband’s credit card debt count as the same debt in our marriage?

You need to prove what your husband used the money for. If so, For legitimate purposes, that counts as your joint debt, but if it is for abnormal purposes and without your knowledge, you do not have to bear this debt! The wife owed 100,000 in credit card debt, and the husband asked for a divorce. I would like to ask if this is considered a marital debt.

It is a marital debt and needs to be borne even after divorce.

"Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (2)"

Article 25

If the parties' divorce agreement or the people's court's judgment, ruling, or mediation document has dealt with the issue of division of marital property, the creditor still has the right to claim rights against both the man and the woman for the husband and wife's joint debt.

After one party assumes joint and several liability for repaying the same debt, if one party claims compensation from the other party based on the divorce agreement or the legal document of the People's Court, the People's Court shall support it. Is the outstanding credit card payment for the marriage certificate that my husband obtained is a debt of the same kind?

It is a debt of the same kind, unless there is evidence to prove that the money was not used for the family. Is the debt compensation caused by the husband’s crime considered as a joint debt within the marriage?

If the debt caused by the man’s criminal crime is not used for family expenses, it is not considered a joint debt between the husband and wife. Is a loan to buy a house considered a joint debt after marriage?

If a creditor claims rights for debts borne by one spouse in the individual name during the marriage, in principle, it will be treated as a joint debt between husband and wife

Are debts borrowed by one party during separation considered as the same debt

Debts borrowed by one party during the separation are not considered as same debts. But it proves that it is not the same as living expenses.

If no divorce procedures have been carried out, even if they are separated, one party will still have to bear the obligation to repay the medical expenses. The man has credit card and loan debts. Will they be regarded as the same debts of the husband and wife after divorce?

If they are both owed after marriage, they will be regarded as the same debts. Divorce does not exempt the woman from responsibility. , still have to pay it back together. How to effectively prove that the debts of one party during the marriage are not the same debts?

Article 19 of the Marriage Law stipulates that if the husband and wife agree that the property acquired during the marriage shall be owned by each other, the husband or wife shall not own the property to the outside world. If the third party knows the agreement, the debt shall be settled with the property owned by the husband or wife.

Article 10 (2) of the Judicial Interpretation (2) of the Supreme People's Court on the Application of the "Marriage Law" stipulates that unless a husband or wife makes important decisions on the joint property of the couple due to daily needs, Both husband and wife should negotiate equally and reach a consensus. If others have reason to believe that it represents the consent of both husband and wife, the other party shall not use the excuse of disagreement or ignorance against a bona fide third party.

According to the Supreme People’s Court’s Judicial Interpretation (2) of the Marriage Law, Article 24 stipulates: If a creditor claims rights in respect of debts borne by a spouse in his/her name during the marriage relationship, the creditor’s rights shall be treated as husband and wife *** Same as debt handling. However, this is except where one spouse can prove that the creditor and debtor have clearly agreed that the debt is a personal debt, or can prove that it falls under the circumstances specified in paragraph 3 of Article 19 of the Marriage Law. I borrowed 80,000 yuan from my mother-in-law to open a store, and I issued an IOU. Does this count as the debt of my husband and I?

The money I borrowed is to open a store, so can the profit from the store be used for family use? , your store should not be a legal entity, but an individual business owner.

If it is a legal person enterprise, the amount borrowed in the name of the enterprise should be repaid with all the assets of the legal person.

The following are the same debts of husband and wife

1. Debts borne by daily life; 2. Debts borne by production and business activities; 3. One or both spouses Debts incurred for treating diseases; 4. Debts incurred for raising children; 5. Debts incurred for supporting the elderly with support obligations; 6. Other debts that should be recognized as joint debts of husband and wife.