Legal analysis
Even if one of the husband and wife borrows money to buy a house, the lender has a good credit record. If his spouse fails to repay the loan many times, the bank will be more cautious when lending. However, banks and financial companies pay more attention to the lender's credit record when reviewing loans. If the lender's spouse's credit history is poor, banks and financial companies will be more cautious when reviewing loans, but it does not mean that they will not lend. If the overdue behavior is unintentional, you can explain the situation to banks and finance companies and issue relevant "unintentional overdue" certificates. In this case, you usually won't refuse the loan. Judging from the number of overdue loans, banks may implement the following standards for your loans: reduce the loan ratio and increase the loan interest rate. However, if one of the spouses fails to repay the loan for three consecutive times or six times in two years, the loan will be rejected. According to the business model, it can be divided into two categories: enterprise credit information and personal credit information: enterprise credit information is mainly an institution that collects enterprise credit information and produces enterprise credit products; Personal credit investigation is mainly an organization that collects personal credit information and produces personal credit products. In some countries, these two types of businesses are completed by one institution, and in some countries, they are completed by two or more institutions respectively, or in a country, there are both institutions engaged in personal credit investigation and institutions engaged in both personal and corporate credit investigation business types, which are generally not restricted and are decided by the credit investigation institutions independently according to the actual situation. In the United States, credit reporting agencies have three main business models:
(1) Capital market credit evaluation agency, whose evaluation targets are stocks, bonds and large-scale infrastructure projects;
(2) Commercial market evaluation agencies, also known as enterprise credit service companies, are oriented to all kinds of large, medium and small enterprises;
(3) Individual consumer market assessment agencies, whose credit reference object is individual consumers.
legal ground
Article 688 of the Civil Code of People's Republic of China (PRC) stipulates in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debt, which is a joint liability guarantee. When the debtor of joint and several liability guarantee fails to perform the due debt or the circumstances agreed by the parties occur, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee.
The Supreme People's Court's Interpretation on the Application of the Marriage and Family Part of the Civil Code of People's Republic of China (PRC) Article 33 If a creditor claims rights against the debtor's spouse for personal debts incurred by one party before marriage, the people's court will not support it. But the creditor can prove that the debt is used for married families to live together.