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How to divide credit card debt in divorce

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How to divide credit card debt in divorce


        

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  • 2024-06-22 10:01:46

    It depends on whether the debt is joint or personal.
    In principle, the debts owed in the name of one party during the existence of the marriage relationship should be recognized as joint debts of the husband and wife (except for illegal debts, gambling debts or debts due to illegal and criminal acts are either not protected by law or should be borne by the debtor himself), which should be paid by the husband and wife together.
    However, if one of the husband and wife can prove that the debt is indeed the personal debt of the debtor, then the party in the marital relationship who is not in debt can resist the creditor's request.
    There are two main situations of personal debt. One is that the creditor and the debtor explicitly agree that the debt belongs to personal debt, and the other is that it belongs to the third item of Article 19 of the Marriage Law. The third item of Article 19 of the Marriage Law stipulates that "if the husband and wife agree that the property acquired during the marriage relationship shall belong to each other, the debts of the husband or wife shall be paid off with the property owned by the husband or wife if the third person knows the agreement". If the borrower cannot prove that the money was used for the husband and wife's life after the debt is recognized as husband and wife's debt, the payer can sue for the borrower to repay the money.
    Article 19 of the Marriage Law of the People's Republic of China
    [Agreement on marital property] The husband and wife can agree that the property obtained during the marriage relationship and the premarital property shall be owned respectively, jointly, or partly, respectively, and partly jointly. The agreement shall be in writing. In the absence of an agreement or unclear agreement, the provisions of Articles 17 and 18 of this Law shall apply.
    The agreement between husband and wife on the property acquired during the period of marriage and the property before marriage shall be binding on both parties.
    If the husband and wife agree that the property acquired during the marriage relationship shall belong to each other, and the debts of the husband or wife to the outside world are known to the third party, the property owned by the husband or wife shall be used to pay off.

    He***

    2024-06-22 10:01:46

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