According to the relevant provisions of the Interpretation of the Supreme People's Court on Relevant Issues Concerning the Application of Laws in the Trial of Husband and Wife Debt Disputes:
Article 2 During the marriage relationship, the people's court shall support the debts incurred by the husband and wife in their own names due to the daily needs of the family, and the creditors claim their rights on the grounds that they belong to the joint debts of the husband and wife.
Article 3 The people's court shall not support the debt incurred by one spouse in his own name during the marriage relationship that exceeds the daily needs of the family, and the creditor claims the rights on the grounds that it belongs to the joint debt of the husband and wife, except that the creditor can prove that the debt is used for the joint life, joint production and operation of the husband and wife or expressed on the basis of the common meaning of the husband and wife.
Extended data
Case:
Mei, from Shanghai, received a phone call from a bank in Guangzhou on June 25th, 2006, saying that she had applied for a credit card with the bank and had overdrawn 34,886.75 yuan, demanding immediate repayment. After that, the bank repeatedly called for repayment.
Fearing that she might not go to jail again, Mei remitted a total of 12774 yuan to the bank in June, June, June and February, 2006. Afterwards, May asked all relatives and friends, and they all replied that they had not applied for a credit card from this bank.
At this moment, Mei thought it might be the ghost of her ex-husband. "I divorced on October 29th, 2002 10, and my ex-husband Wu can't be found. Later, my friend told me that Wu was detained by the Public Security Bureau, and then she reported the case to the Public Security Bureau. " May filed a lawsuit in Yuexiu District Court of Guangzhou from July 2065438 to July 2005, demanding that the bank involved compensate 200,000 yuan for mental damages.
Guangzhou Intermediate People's Court found through trial that:
Mei divorced her husband Wu on October 29th, 2002. On February 18, 2005, I applied for a credit card with the card number of 40×××× 20. It is recorded in the application form that Mei's immediate family member is her spouse Wu; At the same time, Mei's signature on the applicant's signature column is consistent with Mei's signature on the card receiving notice on March 8, 2005, but their signatures are obviously different from all Mei's signatures in this case.
Mei denied that he had entrusted Wu to apply for a credit card and collect it. The bank also failed to provide May's power of attorney authorizing Wu to sign the credit card. Accordingly, the second instance judgment of Guangzhou Intermediate People's Court revoked the original judgment and rejected all the claims of the bank.
Phoenix information-my ex-husband took a credit card and I was recovered by the bank.