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Not necessarily. It is necessary to see whether the husband and wife have signed a contract or made relevant certificates.
According to Article 24 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, if a creditor claims rights in respect of a debt incurred by one of the spouses in his or her own name during the existence of the marital relationship, it shall be treated as a joint debt of the husband and wife.
However, one of the husband and wife can prove that the creditor and the debtor have expressly agreed that it is a personal debt, or can prove that it falls under the circumstances provided for in paragraph 3 of article 19 of the Marriage Law.
Article 19: A house rented by one party before marriage and purchased with joint property after marriage shall be recognized as the joint property of the husband and wife if the house ownership certificate is registered in the name of one party.
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It will not be deducted. You can only deduct the money from the bank card in the husband's name, and the bank has no right to deduct the money from the bank card in the wife's name. However, we will use various means to urge you to repay the loan in time.
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I owe hundreds of thousands of credit card online loans, and I owe more than 300,000 online loans and credit cards for gambling and I have no money to pay back for the time being, will it affect my wife's bank card.
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No. The bank can only deduct money from the repayment account of the loan. If the lender is unable to repay, he or she should take the initiative to contact the bank to negotiate and extend the repayment time or go through the procedures for repayment in installments.
If the loan is not repaid, the bank will take the following measures: if the loan is not repaid once, the bank will notify and remind the repayment on time through ** or SMS, and penalty interest will be incurred. If the loan is not repaid for three consecutive times, the bank relationship manager will collect the loan and the borrower will be penalized with interest.
If the number of overdue repayments reaches six or more, if the bank fails to negotiate with the borrower and fails to fulfill the court judgment within the performance period, it will apply to the court for enforcement.
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No, it will only affect my husband's credit information.
There will be no consequences for the loan money:
1. If there is really no ability to repay, it shall negotiate with the lending institution to extend the repayment period or repay it in installments.
2. If the lending institution fails to perform the court judgment within the performance period after winning the lawsuit, it will apply to the court for enforcement.
3. When the court accepts the compulsory enforcement, it will inquire about the real estate, vehicles, ** and deposits in the name of the lender in accordance with the law.
4. If the lender has no property in his name that can be enforced and refuses to perform the effective judgment of the court, there will be negative information such as overdue repayment recorded in the individual's credit report and will be restricted from high consumption and entry and exit, and may even be subject to judicial detention.
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The bank does not have the right to deduct the balance in the woman's bank card without permission. If the husband takes a loan from the bank for reasons such as buying a house and the woman and the man are jointly obligors to repay the loan, and the husband fails to repay the loan within the time limit, the bank can file a lawsuit with the court and request that the woman's bank card be frozen, and both parties still do not repay the money, and the bank can apply for the transfer of the property in the woman's bank account.
The Civil Code of the People's Republic of China stipulates that debts incurred by both husband and wife jointly signed by both husband and wife or recognized by one of the husband and wife after the fact, as well as debts incurred by one of the husband and wife in his or her own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.
Debts incurred by one of the spouses in his or her own name during the marriage in excess of the daily needs of the family are not joint debts of the husband and wife. However, this is not the case where the person with the right to borrow the debt can prove that the debt was used for the husband and wife's common life, joint production and operation, or based on the expression of the common intention of the husband and wife.
Legal basis] Civil Code of the People's Republic of China
Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of Articles 1,060 and 1,063 of this Law shall apply.
The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.
If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.
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Legal analysis: Generally speaking, the bank in arrears of the husband does not have the right to deduct the balance in the woman's bank card without permission. However, if the husband takes out a loan from the bank for reasons such as buying a house, and the woman and the man jointly act as the repayment obligor, and the husband fails to repay the loan within the time limit, the bank can file a lawsuit with the court and request the woman's bank card to be frozen, and the two parties still do not repay the money, and the bank can apply for the transfer of property in the woman's bank account.
Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) Wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
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Legal Analysis: Yes, the marriage is a joint debt, and the two need to repay the debt together, and the husband owes the debt to the wife needs to repay, or the world destroyer negotiates together.
Legal basis: Article 1089 of the Civil Code of the People's Republic of China When a divorce is searched, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.
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However, if the husband takes out a loan from the bank for reasons such as buying a house, and the woman and the man jointly act as the repayment obligor, and the husband fails to repay the loan within the time limit, the bank can file a lawsuit with the court and request the woman's bank card to be frozen, and the two parties still do not repay the money, and the bank can apply for the transfer of property in the woman's bank account.
Hello, will the husband deduct the money in his wife's card if he owes money to the bank: No, generally speaking, the bank does not have the right to deduct the balance in the woman's bank card without permission. However, if the man takes a loan from the bank for reasons such as buying a house, and the woman and the man are jointly obligors to repay the loan, and the husband fails to repay the loan within the time limit, the bank can file a lawsuit with the court and request that the woman's bank card be frozen, and both parties still do not repay the money, and the bank can apply for the transfer of the woman's bank account to the banquet property in He's household.
It depends. This depends on whether the debt owed by the husband and the partner is used for joint living, and if it is used for joint living, it is a joint debt of the husband and wife, and the money from the wife's bank account will be deducted. Except for other circumstances stipulated in the law.
Hello teacher, I have a friend who and her husband didn't get a marriage license, and then her husband borrowed a loan from the bank, will he deduct the money from the woman's card?
No, you will not be deducted without a marriage certificate.
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Generally speaking, the bank does not have the right to deduct the balance of the woman's bank card without permission. However, if the husband takes out a loan from the bank for reasons such as buying a house, and the woman and the man jointly act as the repayment obligor, and the husband fails to repay the loan within the time limit, the bank can file a lawsuit with the court and request the woman's bank card to be frozen, and the two parties still do not repay the money, and the bank can apply for the transfer of property in the woman's bank account.
Article 1062 of the Civil Code of the People's Republic of China The following property acquired by a husband and wife during the existence of a marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) Wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 1,000 of Article 63 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.
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