Will my husband s online loan be implicated if he can t afford it?

There is no involvement, and the loan is an individual act. Materials to be prepared: 1. Personal identification certificate:

ID card, residence permit, household register, marriage certificate and other information; 2. Provide proof of stable address: such as housing lease contract, water and electricity payment bill, property management and other related certificates; 3. Provide proof of stable income**: bank statement, labor contract, etc.; 4. Other materials required by the bank.

There will be no consequences for the loan money: if there is really no ability to repay, it should negotiate with the lending institution to extend the repayment period or repay it in installments; 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; When the court accepts the enforcement, it will inquire about the real estate, vehicles, ** and deposits in the name of the lender in accordance with the law; If the lender has no property in his name that can be enforced and refuses to comply with the effective judgment of the court, negative information such as overdue repayment will be recorded in the individual's credit report, and he will be restricted from high consumption and entry and exit, and may even be subject to judicial detention. Basically, there will be no impact, and you can repay the loan on time in the future.

Legal analysis: If it arises during marriage, the wife should repay the joint debt as a joint debt. However, 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, and in this case, it should be ascertained whether the husband has borrowed money for the needs of family life.

Legal basis: Article 1064 of the Civil Code of the People's Republic of China Debts borne by the husband and wife as jointly signed 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.

The debts incurred by one of the husbands and wives in their own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, unless the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

No. The husband's online loan is a personal debt belonging to the husband, and if the wife can prove that the money is not used for the husband and wife to live together, then these debts have nothing to do with the wife.

However, if the husband has a large amount of online loans and has overdue repayment records, the husband and wife want to apply for housing loans, car loans and other loans that are based on the family as a unit to inquire about the credit, which will be more difficult, and the overdue circumstances are serious, and they will not be able to apply for a housing loan directly. If the husband has a large amount of online loans and fails to repay the loan on time, and the overdue situation is serious, and the lending institution files a lawsuit with the court and wins, the husband refuses to repay the loan and becomes a dishonest person subject to execution, which will have a certain negative impact on the family.

If the husband is a judgment defaulter, the wife cannot apply for a housing loan or car loan. In addition, the property in the name of the husband and wife will be enforced by the court to repay the loan, and the husband will not be able to go to high-consumption places to spend, cannot take airplanes or high-speed trains, and the children of the husband and wife will not be able to attend high-fee private schools. Legal basis:

Article 1089 of the Civil Code of the People's Republic of China: At the time of divorce, the debts originally incurred by the husband and wife in their common life shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.

By case. 1. The husband takes out a personal online loan, but the borrowed money is used for family expenses, in this case, the husband is unable to repay, and the wife needs help to repay.

2. The online loans applied for by the husband are mainly used for personal consumption, not for family expenses, and the wife does not need to bear this expense, and all the arrears will be repaid by the husband personally. To prove that the loan funds were used for household expenses, the husband must provide proof that these certificates are genuine and valid.

Debts owed in the name of one party during the existence of the marital relationship shall, in principle, be recognized as joint debts of the husband and wife, and shall be repaid jointly by the husband and wife. It is difficult to prove that the credit card debt is a personal debt. If it cannot be proved to be a personal debt, it should be considered as a joint debt of the husband and wife.

However, if one of the spouses can prove that the debt is indeed a personal debt owed to the debtor, then the unmarried party can oppose the creditor's claim. Therefore, whether the issue of credit card overdraft during the marriage can be determined as a joint debt given by the husband and wife should be determined in accordance with the above circumstances. If it is determined to be a joint debt of the husband and wife, it shall be borne jointly by both parties, and if it cannot be recognized as a joint debt, it shall be borne by them alone.

Further information: The harms of online lending are as follows:

1. The rates of some online loan platforms are not clearly marked, and there is a certain degree of concealment in the expressions of handling fees, overdue fees, liquidated damages, etc., which may tightly trap loan students.

2. Due to the low threshold for online loan installment consumption, it provides a platform for college students to consume ahead of time and consume luxury, but many college students are in debt due to impulsive consumption, which brings trouble to normal learning.

3. Once there is a situation of overdue repayment, it will affect the personal credit of college students in the bank. Once there is a personal credit stain, after stepping into the society in the future, whether it is applying for a credit card or applying for a loan, it will have to pay a greater cost than others and may even be rejected. In addition, once there is an accident in these micro-loan companies, there is also a hidden danger of leakage of private information such as student ID cards and ID cards of college students.

Legal analysis: The husband's online loan is a personal debt, and if the wife can prove that the money is not used for the husband and wife's common life, the wife is not aware of these debts. Then these debts have nothing to do with the wife, and they will not affect the wife.

However, if the wife and husband borrow the online loan together, and the wife agrees that the husband borrows it or the husband borrows it for family life, it is a joint debt of the husband and wife, and the wife needs to repay it together with the husband. If the husband has a large amount of online loans, and the credit report also shows too many overdue records, the husband and wife want to apply for housing loans, car loans and other loans that are based on the family as a unit to check the credit, it will be much more difficult, and even some overdue situations are more serious, and they may not be able to apply for a housing loan directly. Of course, if the husband has a large amount of online loans and fails to repay the loan on time, and the overdue situation is serious, the husband still refuses to repay the loan after the lending institution files a lawsuit with the court, and becomes a dishonest person subject to execution.

If the online lending institution applies to the court for enforcement, then the husband's part of the joint property of the husband and wife will be enforced.

Legal basis: Article 1064 of the Civil Code of the People's Republic of China Debts borne by the husband and wife as jointly signed 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 existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

Derivative question: What are the joint property of the husband and wife?

The following property acquired by the husband and wife during the marriage 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) income from intellectual property rights;

4) Inherited or donated property;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

1. Whether the husband will be implicated if he owes an online loan and does not repay his wife depends on the situation

1) If the online loan is not a joint debt of the husband and wife, the wife will not be implicated;

2) If the online loan is a joint debt of the husband and wife, the wife will be implicated.

2. Legal basis: Article 671 of the Civil Code of the People's Republic of China If the lender fails to provide the loan on the agreed date and amount, causing losses to the borrower, it shall compensate for the losses.

If the borrower fails to collect the loan on the agreed date and amount, it shall pay interest on the agreed date and amount.

Article 674.

The borrower shall pay the interest according to the agreed period. Where there is no agreement on the time limit for the payment of interest or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, and the loan period is less than one year, it shall be paid together with the return of the loan; If the loan period is more than one year, it shall be paid at the end of each year, and if the remaining period is less than one year, it shall be paid together with the return of the loan.

2. What are the consequences of non-repayment of online loans?

1. High penalty interest and liquidated damages;

2. Damaged credit;

3. Being harassed by various means;

4. If the circumstances are serious, it will lead to imprisonment;

5. Affect other lives, become a lai, affect consumption, travel, children's education, etc.

Legal analysis: If the husband's online loan is not repaid, and the credit is reported on the overdue record, and the wife applies for a housing loan or a leaky car loan with the family as the application unit, it will affect the wife's application result. If the wife applies for a personal loan, then the lending institution will only check the applicant's credit information, and no matter what the husband's credit report is, it will not affect the wife.

Legal basis: Article 1064 of the Civil Code of the People's Republic of China Debts borne by the husband and wife in the joint signature of the husband and wife or the subsequent recognition of the husband and wife, as well as debts incurred by one of the husband and wife in their 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 existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the person making the creditor's right can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the expression of the common intention of the husband and wife.

Legal Analysis: Depends on the actual situation. If the husband's online loan is only used for personal daily expenses and is not used for the expenses of the husband and wife living together, then the wife does not need to bear this money.

If the loan is used for the husband and wife to live together, buy some common living utensils in life, and daily expenses, this is a joint debt of the husband and wife.

Legal basis: Article 1060 of the Civil Code of the People's Republic of China and Article 4 of Qiji [Joint debts of husband and wife] Debts incurred by both husband and wife in the joint signature of both husband and wife or post-facto recognition by one of the husband and wife, as well as debts incurred by one of the husband and wife in their 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 existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, unless the creditor can prove that the debt is used for the husband and wife to live together, jointly produce and operate, or is based on the common intention of the husband and wife.