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Is swiping a credit card for the third child a joint debt of husband and wife?
Hello, swiping a credit card for "mistress" during marriage is not a joint debt of husband and wife. If the act of swiping the card is not for repaying the loan or other normal capital transactions, you can recover after the divorce, but you should bear the corresponding burden of proof. According to Article 8 of the Civil Law, a civil legal act that violates public order and good customs is invalid, and it is illegal for a spouse to give property based on an extramarital affair with a third party, which runs counter to the socialist core values advocated by China. This kind of gift attached to "extramarital affairs" should not be protected by law and should be considered invalid. At the same time, during the marriage, if there is no special agreement, the husband and wife form a joint ownership relationship for the common property, and enjoy the ownership together without any share. When disposing of the joint property of husband and wife is not necessary for daily life, both husband and wife should reach an agreement through consultation, and neither party has the right to dispose of the joint property of husband and wife alone. Therefore, your husband's credit card for mistress violates the obligation of mutual loyalty between husband and wife. According to the relevant provisions of the Civil Procedure Law, the parties have the responsibility to provide evidence to prove the facts on which their claims are based or to refute the facts on which the other party's claims are based. If there is no evidence or the evidence is insufficient to prove the facts identified by the parties, the parties with the burden of proof shall bear the adverse consequences. If you want to recover the money your husband gave San Xiao, you should prove that there is an improper relationship between men and women that violates public order and good customs. The husband's gift to San Xiao is not necessary for daily life, and it belongs to the common property of husband and wife without the consent of the co-owners. If the situation is true, the court will consider the gift contract between your husband and the third party invalid, and the third party shall return the property obtained from the aforementioned gift contract. Couples should keep the moral bottom line and spend more time running their careers and families. 【 Legal Basis 】 Article 8 Civil subjects engaged in civil activities shall not violate the law or public order and good customs. Article 1062 The following property acquired by husband and wife during the marriage relationship is the common property of husband and wife, which is jointly owned by husband and wife: (1) wages, bonuses and labor remuneration; (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 1063 of this Law; (5) Other property that should be jointly owned. Husband and wife have equal rights in dealing with common property.