If one of the spouses has credit problems, will the other party still have an impact after the divor

Hello, it should be judged according to the nature of the debt, if it is a credit problem caused by the joint debts of the husband and wife, even the divorce will have an impact on the other party; If it is a personal debt of one of the spouses, it will not affect the credit of the other party.

The joint debts of the husband and wife mainly include:

1. Debts incurred by giving a common expression of intent, such as debts jointly signed by both parties or later recognized by one of the husband and wife. Clause.

(2) Debts incurred by the spouses for the daily needs of the family. Clause.

(3) Debts incurred by one of the spouses in excess of the daily life of the family, and it can be proved that the debts are incurred for the common life of the husband and wife, joint business or based on the joint intention of the husband and wife.

In other words, if the spouse is to be liable for repaying the debt, it is generally necessary to meet the following requirements: the spouse signs or later indicates that the debt is repaid together, and the borrowed money is used for the daily living expenses of the spouse, in the above case, the spouse needs to repay it jointly. If the borrowed money is not used for the daily expenses of the couple, but in the name of the individual, debts that exceed the daily needs of the family, such as gambling and drug abuse, which have exceeded the daily needs of daily life, the spouse does not need to bear the obligation to repay.

In addition, one party is not liable for debts incurred before the marriage.

[Relevant Laws].

Article 1064 of the Civil Code: Debts incurred by both husband and wife in the joint signature of the husband and wife or by one of the husband and wife in the subsequent recognition of the common intent, as well as debts incurred by one of the husband and wife in their own name during the existence of the marital relationship for the daily needs of the family, 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.

Article 34 of the Interpretation of the Marriage and Family Section of the Civil Code (1) Where one of the husband and wife colludes with a third party to fabricate a debt, and the third party claims that the debt is a joint debt of the husband and wife, the people's court will not support it.

Where a third party claims that the debts incurred by one of the husband and wife in the course of gambling, drug abuse, or other illegal or criminal activities are joint debts of the husband and wife, the people's courts are not to support them.

It won't have an impact! If you get divorced, it means that you have no relationship with the party with credit, and you are no longer bound by anyone and kidnapped by the economy, and you can buy houses, shop and consume freely!

If one of the husband and wife has a credit problem, the other party's words will not be affected after the divorce, but the one who has a credit problem has a problem.

This should have no effect, because you are no longer husband and wife, so everything for the other party should be borne by himself, and it has nothing to do with other people, so it should have no impact on you.

If one of the husband and wife has a credit problem, the other party will not be affected by the credit problem after the divorce.

Two people have divorced, and one party's credit problem will not affect the other party.

There is an impact before the divorce, but if the rights and debts are liquidated at the time of the divorce, there is no impact after the divorce.

If one of the husband and wife has a credit problem, the other party to the divorce will definitely not be affected, because if he is sincere, it is his personal problem.

Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property 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 unclear, the provisions of articles 17 and 18 of this Law apply.

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

Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

1.Credit on the other side will not be displayed.

2.However, if one of the husband and wife takes out a loan in the future, they have to check the credit of both parties, and if one party has a black credit report, the other party's loan will definitely be no fun, and it will be affected by the time, and it will be too late to regret it.

3.Don't be confused, the picture is quick for a while, and the credit is ruined for a long time.

Legal analysis: There will be an impact, married people take out loans to buy a house, and either spouse has a bad credit history, the bank will refuse to lend. Even if the lender has a good credit record, if the spouse is overdue for repayment many times, the bank will doubt the family's repayment ability and creditworthiness, and will be more cautious when lending money.

If one of the spouses has overdue repayment for three consecutive times, or six times in total, the bank will refuse to issue the loan.

Legal basis: Article 10 of the General Principles of Loans Except for entrusted loans, the borrower shall provide guarantee for the loan issued by the lender. The lender shall conduct a strict review of the guarantor's ability to repay, the ownership and value of the collateral and pledge, and the feasibility of realizing the mortgage and pledge.

If, after loan review and assessment, it is confirmed that the borrower has good credit standing and is indeed able to repay the loan, the guarantee may not be provided.

If one of the spouses has a problem with the credit information, it will affect the other spouse under certain circumstances. For example, if one of the husband and wife applies for a car loan or housing loan as a family unit, the bank will check the credit records of both husband and wife, and if one party has a problem with the credit report, it will definitely affect the other party. However, if a personal loan is made and the loan funds are not used for family life, the bank will generally not check the credit record of the other party.

Legal basis: Article 15 of the "Regulations on the Administration of the Credit Reporting Industry" Information providers providing negative personal information to credit reporting establishments shall inform the information subject himself in advance. However, there is an exception for negative information disclosed in accordance with laws and administrative regulations.

Article 16 of the "Regulations on the Administration of the Credit Reporting Industry" provides that the period for credit reporting establishments to store negative personal information is 5 years from the date on which the negative conduct or incident is terminated; Where it is more than 5 years old, it shall be deleted. During the period for storing negative information, the information subject may make an explanation of the negative information, and the credit reporting establishments shall record it.

Article 17 of the "Regulations on the Administration of the Credit Reporting Industry" Information subjects may make inquiries into their own information from credit reporting establishments. Personal information subjects have the right to obtain their credit reports free of charge twice a year.

Article 18 of the "Regulations on the Administration of the Credit Reporting Industry" Where inquiries into personal information are made to credit reporting establishments, the written consent of the information subject shall be obtained and the use agreed upon. However, there is an exception where the law provides that an inquiry may be made without consent. Credit reporting establishments must not provide personal information in violation of the provisions of the preceding paragraph.

Legal Analysis: If it is a joint debt between the husband and wife, it needs to be borne jointly even if it is divorced. One party is responsible for the debt, and the other party presents evidence.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court. Zheng Lee.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, the divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Legal analysis: There is no impact, and the divorce will not affect the wife. Parents or children are "blacklisted" by the bank, and the credit is bad, which has no impact on other family members, because the bank will only check the credit history of the applicant when issuing loans, and the credit of other members of the family will not be inquired, so it will not have an impact.

However, if the debts owed by the husband and wife or one of the spouses to a third party during the marriage relationship for the sake of living together as husband and wife, both parties are jointly and severally liable for the repayment of the joint debts, in which case the divorce will have an impact on the wife.

Legal basis: Civil Code of the People's Republic of China

Article 1089:In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. If the joint property is insufficient to pay off or the property is owned by each other, the two parties shall agree to settle the payment; If the agreement is not reached, the people's court shall make a judgment.

Article 1078: Where the marriage registration authorities ascertain that the parties are indeed voluntarily divorced and have reached a consensus on matters such as child support, property, and debt handling, they are to be registered and issued a divorce certificate.

Legal separation: No, after divorce, the two are independent entities, and there is no impact, unless there are joint debts between the husband and wife. When the spouse is not divorced, the bad credit of one of the spouses will affect the loan of the husband and wife, and the loan review process is based on the family unit, and the individual is married, so the bank will review the individual and the spouse during the review.

However, if I have taken out a loan with my partner during the marriage, then if the marriage is over, if the other party does not fulfill the responsibility of repayment after the divorce, it may eventually affect my credit investigation, because the loan is made in the name of both parties at the time of the loan, which may affect my credit investigation.

Legal basis: Civil Code of the People's Republic of China

Article 1064:Debts incurred by both husband and wife as a result of a joint signature or a joint expression of intent such as a post-mortem endorsement by one of the husband and wife, as well as debts incurred by one of the husband and wife in their own name during the existence of the marital relationship for the daily needs of the family, 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.

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 1062 and 1063 of this Law 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 paid off.