It is useless for a husband to sign his wife's IOU. Law has always been a very important thing in our life, and more people are gradually popularizing legal knowledge, but they still don't know enough about legal knowledge. What if the husband signed his wife's IOU but it didn't work?

A credit card loan signed by the husband and signed by the wife, but not used at all, is actually used by the husband in the name of his wife. Who will pay the divorce debt?

Who should bear the responsibility for the credit card debt after divorce can be divided into the following situations according to the specific circumstances:

1. If the credit card debt that one spouse needs to repay is used for * * * business and * * * family life, this situation belongs to the * * * debt of husband and wife, and both parties shall bear the responsibility for repayment within the scope of * * * property. If the other party who has not borrowed money does not think that the debt belongs to the same debt of husband and wife, it needs to give corresponding proof;

2. If the credit card debt is unilaterally incurred by one spouse before marriage, that is to say, it is his own personal debt, then the other spouse does not need to bear the repayment conveniently;

3. If two people have a clear agreement on the ownership and distribution of property in advance during the marriage relationship, for example, they agree that their respective property belongs to the other party and their respective debts are borne by the other party, and there are relevant certificates that can fully explain the facts, then no matter whether the credit card debt is used for both parties' lives or personal use, one party is not required to bear the repayment responsibility of the other party;

4. If the credit card debt owed by one spouse is used for personal expenses or illegal activities, such as gambling, usury, drug trafficking, gun selling, etc. In these cases, the other party does not need to bear the repayment responsibility because the illegal act will not be protected by our laws.

5. If the debts assumed by both parties are not clearly expressed as personal debts during the marriage relationship, they should be treated as the same debts, that is, both husband and wife are jointly and severally liable for the debts. At the same time, any party who has foreign debts before marriage, but uses them for husband and wife to live together after marriage, also belongs to husband and wife debts.

The husband's IOU was signed by his wife, but it was useless. If the husband gets a personal loan, it will not affect his wife's imprisonment. If the wife also enjoys the rights and interests brought by the loan or has debts with the husband and wife, it may have some influence. Whether she will go to jail depends on the court's decision.

Consequences of non-repayment of loans:

1. If the repayment is not made at one time, the bank will call and send a short message to remind you to repay the loan on time, and at the same time, it will impose a penalty.

2. If the loan is not repaid for three times in a row, the bank account manager will collect it and the borrower will be penalized.

3. If the number of overdue repayments reaches 6 times or more, the bank will protect its rights and interests through legal means, during which time it will freeze its property or vehicles.

If the bank and the borrower fail to negotiate, the bank will auction the mortgaged property through legal procedures.

About husband and wife * * * with debt:

1. Debts jointly signed by both husband and wife or ratified by one of them afterwards. * * * indicates the same meaning, which should be recognized as the debt of husband and wife.

2. The people's court shall support the debts incurred by a husband and wife in their own name for the daily needs of the family during the marriage relationship, and the creditors claim their rights on the grounds that they belong to the same debt of husband and wife.

3. The people's court will not support the debt incurred by one of the spouses in his own name during the marriage relationship that exceeds the daily needs of the family. If the creditor claims the right on the grounds that it belongs to the same debt, the people's court will not support it, except that the creditor can prove that the debt is used for the life, production and operation of the husband and wife, or because the husband and wife have the same meaning.

One is that the creditor and the debtor clearly agree that the debt is personal.

The other is according to the third paragraph of Article 1065 of the Civil Code, "The husband and wife agree that the property acquired during the marriage relationship shall be owned by each other, and if the third party knows this agreement, it shall be paid off with the property owned by the husband and wife". Once it is determined that the debt belongs to both husband and wife, and the borrower can't fully prove that the money has been used in husband and wife's life, he can sue the borrower for repayment.

In any of the following circumstances, it cannot be considered that the husband and wife are jointly liable for debts, but should be regarded as personal debts, which should be paid off by one party with personal property:

(a) the debts agreed by the husband and wife to be borne by the individual, except for the purpose of avoiding debts;

(two) without the consent of the other party, one party subsidizes the debts incurred by its relatives and friends who have no obligation to support;

(3) Without the consent of the other party, one party independently raises funds to engage in business activities, and its income is not used for debts incurred by the same generation;

(four) other debts that should be borne by individuals. Husband and wife's debt is generated to maintain family life, which should be shared by both husband and wife and repaid with their property; If the property of husband and wife is insufficient to repay, it shall be repaid with the personal property of husband and wife. Personal debts of one spouse shall be paid off by one spouse with personal property. If it is recognized as a personal debt, the creditor may not ask the other party to repay it.

Husband's loan and wife's signature are useless. 3. Does the husband have the obligation to pay back the money if the husband borrows money and the wife doesn't sign it?

It depends on the purpose of the loan. If the loan is used for the husband's personal consumption, the wife has no repayment responsibility. If it is used for household consumption, the wife must bear joint and several liability for repayment.

This is a joint debt of husband and wife, which usually needs to be repaid by the wife. However, the husband and wife agreed that the property obtained during the marriage relationship should be owned by each other, and if a third person knew the agreement, it should be paid off with the property jointly owned by the husband and wife.

People's Republic of China (PRC) Civil Code

Article 1065 Husband and wife agree on the property system. 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. Where there is no agreement or the agreement is unclear, the provisions of Articles 1062nd and 1063rd of this Law shall apply.

The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is legally binding on both parties.

The husband and wife agreed that the property acquired during the marriage relationship should be owned by each other, and if the other party knows the agreement, the personal property of the husband and wife should be used to pay off the debts owed by the husband and wife.

What is the same debt for husband and wife?

1, the same debt of husband and wife * * * is the debt owed by both husband and wife or one of them to a third person during the marriage relationship. The determination and handling of the joint debt of husband and wife is a difficult problem in divorce cases. Although the Civil Code clearly stipulates this, it is difficult to accurately grasp and apply it in practice because it is too principled and general.

2, including the following aspects:

(a) the property purchased by one party with a pre-marital loan has been converted into the joint property of husband and wife, and the debts arising from the purchase of these properties;

First of all, "husband and wife live together" should always insist that the debtor in the husband and wife bears the burden of proof, and the non-debtor in the husband and wife does not bear the burden of proof. According to the principle of "who claims, who gives evidence", the burden of proof should be borne by the party who claims that the debt is the same debt, that is, the debt is used for the life of husband and wife, because only the borrower knows best and understands the purpose of the debt, and it is also the easiest to prove whether the debt is used for the life of husband and wife unless he has ulterior motives.

It is unrealistic and difficult to prove that the debt is not used for the husband and wife to live together if the burden of proof is borne by both husband and wife who are unaware of the loan.

Secondly, if the non-debtor in the husband and wife can prove that there are two legal exceptions, that is, the creditor and the debtor have clearly agreed on personal debt, or the husband and wife have agreed on a separate property system and the third party knows this agreement, or the creditor knows that the debt belongs to illegal debt (such as gambling and illegal business). ), then the debt should be recognized as personal debt of husband and wife.