1. Do not sign loans unrelated to the life, production and operation of husband and wife. According to the law, all loans after marriage need to be signed by the spouse, unless the loan is related to the production and operation of both husband and wife, and has nothing to do with the life of * * *, and one of the husband and wife does not need to bear the repayment responsibility, and the other party can not sign. Otherwise, it is considered that the husband and wife are in the same debt and need to be signed by both parties.
2. Unilateral loans do not require the signature of the spouse. Unilateral loans do not need to be signed by both parties. Where a creditor claims rights for debts incurred by one of the spouses in his own name during the marriage relationship, it shall be regarded as debts of the spouses. However, unless one of the spouses can prove that the creditor and the debtor have clearly agreed to be personal debts, or can prove that they belong to the marital property system.
Loans overdue influence:
1. Overdue will also affect personal credit. If a lender borrows money from a bank and fails to repay it within the time limit, his personal credit report will leave a bad credit record. It is very difficult to apply for credit cards and loans in the future, and most of them will be rejected, which will cause many troubles to personal production and life.
2. The most direct consequence of not paying back the credit loan is a high penalty interest, and you may have to pay a certain penalty. Even the principal and interest add up to a lot of expenses, and the result of not repaying on time is to increase my economic pressure.
3. In loans overdue, the lender will face all kinds of collection. Banks or financial institutions have their own collection systems. After the lender is overdue, the first-class collection will send you a text message and call for a reminder. If it is not returned for a long time, and the degree is serious, there will even be a collector to collect it in person. This overdue person should be psychologically prepared and strive to pay off the money at the first time before solving it.
4. If the loan is overdue for a long time and the amount is large, the lender can be sued by the financial institution. After the lawsuit is accepted, the assets of the lender may be sealed up after the court pronounced a sentence. This is the "repayment reward" that the lender must implement, otherwise the court will seal up the property and other assets under your name according to law and repay the arrears with the proceeds from the auction.
If the circumstances are serious, you may go to jail. Under normal circumstances, such incidents as borrowing money and not paying it back are civil disputes and will not rise to the criminal level. However, if some lenders refuse to implement it and insist on not paying it back, if the circumstances are serious or bad, the court will also investigate the criminal responsibility of the borrower according to the circumstances, and even go to jail if the circumstances are serious.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 1064
The debts incurred by both husband and wife after the same signature or ratification by one party, and the debts incurred by one party in his own name for the daily needs of the family during the marriage relationship, belong to the same debt of husband and wife.
Debts incurred by one spouse in his own name during the marriage relationship that exceed the needs of family daily life are not joint debts of husband and wife; However, the creditor can prove that the debt is used for the husband and wife's life, production and operation, or based on the same meaning of both husband and wife.
Article 1065
Both men and women may agree that the property acquired during the marriage relationship and the property before marriage belong to themselves, all or part of it, and part of it. The agreement shall be in writing.