If the husband owes money personally, the other party sues the husband personally, and the other party applies for property preservation, the husband's bank card will be frozen, but generally the wife will not be frozen, because the wife is not the defendant in this case, and there is no evidence to prove that the husband and wife are jointly in debt when this debt occurs. The debt owed by the husband outside, as long as it is during the marriage relationship, will often be recognized as the joint debt of the husband and wife, that is to say, the debt owed by the husband will be paid by the 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.
The reason why the bank card is frozen
First, your bank card is a credit card (debit card). If it is frozen, it may be that your credit card has an abnormal transaction, such as malicious cash withdrawal, forged information, and consecutive password errors. The bank card may be frozen by the bank.
Second, if you overdraw your bank card, the bank will make an overdraft share for you according to your actual repayment ability. When your overdraft exceeds your share, the bank will freeze your bank card immediately.
Your bank card is a debit card. If it is frozen, it will be frozen in the wrong account, that is to say, the bank mistakenly gave more money to your account during the transaction, so the bank may freeze the part that was given to you. The first is the judicial freeze. According to the relevant provisions of the law, the judicial organ may apply to the bank for freezing your bank card because of the need of handling a case. At the same time, customs, tax authorities and other departments also have the right to freeze.
Legal basis:
According to the provisions of 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, as well as 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.
According to article 1065 of the Civil Code of People's Republic of China (PRC), men and women may agree that the property acquired during the marriage relationship and the property before marriage shall be owned separately, jointly or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 1062nd and 1063rd of this Law shall apply. The agreement between husband and wife on the property acquired 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 and wife should be used to pay off the debts owed by the husband and wife.