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Is credit card debt a joint debt of husband and wife when divorce occurs

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Source: Legal Chart Compilation · 2024.03.04 · 4499 people have seen it
Guide: When determining that credit card debt is the joint debt of husband and wife, the court mainly considers "whether credit card consumption is mainly used for family life". If it is used for family life, it should be considered as joint debt; The second is the burden of proof that credit card debt belongs to the joint debtor: only when the authenticity, legality and relevance of the evidence are available, can credit card debt be proved to be a joint debt of husband and wife.
 Is credit card debt a joint debt of husband and wife when divorce occurs

I divorce Time credit card debt Right? Conjugal debt

(1) When determining that credit card debt is the joint debt of husband and wife, the court mainly considered the factor of "whether credit card consumption is mainly used for family life". If it is used for family life, it should be considered as joint debt;

(2) The second is that the credit card debt belongs to the common debtor Burden of proof Question: There are real consumption records and relevant originals evidence The consumption comes from the credit card, and only when the authenticity, legality and relevance of the evidence are available can it be sufficient to prove that the credit card debt is the joint debt of husband and wife.

It should be noted that although credit card debt can be defined as repayment party Credit card overdue Bad credit records generated will only be recorded in the name of the cardholder. During the duration of the husband wife relationship, the bad credit records of one spouse due to overdue credit cards will also have an impact on the other spouse's application for loans. For example, the husband has a bad credit record due to overdue credit cards, and the wife's application for housing loans in her own name will also be affected, even the loan will be rejected. However, after divorce, the adverse effects on the other party will be eliminated accordingly.

2、 Repayment method of joint debt of husband and wife

The "joint repayment" responsibility of the husband and wife is a joint and several repayment responsibility. Regardless of whether the two parties have divorced, they must pay the joint debt with Conjugal property . Pay off all his own property.

creditor Have the right to claim part or all of the debts from one or both of the husband and wife, regardless of their share or order. Either of the husband and wife should bear all or part of the debts as required by the creditor. If one party's property is insufficient to pay off, the other party should be responsible for paying off the debts.

Credit card arrears If it occurs during the marriage relationship, it also belongs to Conjugal debt Only whether it is a joint debt of husband and wife at this time. It depends on whether the debt is used for the couple's daily family life. If not, the debt can only be used for one party's Personal debt Even in the case of divorce, the other party should not be asked to share the responsibility.

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