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During the marriage, the woman owes money on her credit card. Will the man's mortgage be affected after divorce?
Hello, during the marriage, the woman owed money on her credit card. After divorce, your mortgage loan will generally not be affected. Because the bank will consider your credit history and repayment ability, it generally does not involve your ex-wife. However, if the woman's credit card debt is due to husband and wife's life, then this debt is husband and wife's debt, and you may need to pay it back.

The Civil Code clearly stipulates the debts of husband and wife. First, the husband and wife owe the same debt because they have the same meaning. Second, the debts incurred for the needs of daily family life are the same for husband and wife. Third, the creditor can't prove that the debt that exceeds the daily needs of the family is used for the life of the husband and wife, the production and operation of the husband and wife, or because the husband and wife have the same meaning, it does not belong to the same debt of the husband and wife.

During the marriage relationship, the husband and wife will form other creditor-debtor relationships with the third party, such as large loans, gifts, real estate sales and so on. In addition, there are daily household debts arising from the exercise of daily household agency rights. In order to protect the legitimate rights and interests of the debtor's spouse, the law clearly stipulates that the debt incurred in this case does not belong to the joint debt of husband and wife in principle, except that the creditor can prove that the debt is used for the joint life of husband and wife.

legal ground

People's Republic of China (PRC) Civil Code

Article 1089 At the time of divorce, husband and wife shall jointly pay off their debts. * * * If the same property is not paid off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment.

The Supreme People's Court's Interpretation on the Application of Marriage and Family in the Civil Code of People's Republic of China (PRC) (I)

Article 35 If the divorce agreement of the parties or the effective judgment, ruling or conciliation statement of the people's court has dealt with the division of husband and wife's property, the creditor still has the right to claim rights from both men and women for the same debt of husband and wife.

After the husband and wife jointly bear the debts, if one party claims that the other party should bear the corresponding debts according to the divorce agreement or the legal documents of the people's court, the people's court shall support it.