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My husband has used up his wife's credit card. Now he is going to divorce?

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My husband has used up his wife's credit card. Now he is going to divorce?


        

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  • 2024-06-20 10:00:57

    At the time of divorce, the joint debts of the husband and wife shall be handled by both parties through agreement. If the credit card debt belongs to the joint debts of the husband and wife, it shall be repaid jointly.
    According to Article 39 of the Marriage Law of the People's Republic of China, at the time of divorce, the joint property of the husband and wife shall be handled by both parties through agreement; If no agreement is reached, the people's court shall make a judgment on the basis of the specific conditions of the property and the principle of taking care of the rights and interests of children and women. The rights and interests enjoyed by the husband or wife in the household land contract management shall be protected according to law.
    Article 40 A husband and wife agree in writing that the property they have obtained during the period of marriage shall belong to each other. If one party has paid more obligations for raising children, caring for the elderly, assisting the other party in work, etc., they shall have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation. Article 41 At the time of divorce, the debts originally incurred by the husband and wife in their common life shall be repaid jointly. If the joint property is insufficient to pay off, or the property belongs to each other, both parties shall agree to pay off; If the agreement fails, the people's court shall make a judgment. Article 42: In the event of divorce, if one party has difficulties in living, the other party shall provide appropriate help from his or her personal property such as housing. The specific measures shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment. Extended information: Whether the husband owes money and the wife bears the responsibility of repayment depends on the nature of the husband's loan.
    1. If the husband's loan is used for the common life and business of the family, it belongs to the joint debt of the husband and wife, and the wife has the responsibility to repay within the scope of the joint property of the husband and wife. 2. If the husband's loan is used for his personal expenses or engaged in illegal activities, such as gambling, usury, and the wife has no knowledge of the husband's loan, it belongs to the husband's personal debt, The wife did not repay her responsibility.
    3. If the husband's loan occurred before marriage, it is also his personal debt, and the wife will not be liable for repayment.
    4. If there is an agreement between the husband and wife on the distribution and ownership of property during the marriage relationship: their respective property belongs to their own, and their respective debts are borne, then the wife does not have to bear the responsibility for repayment.

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    2024-06-20 10:00:57

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