Personal credit loans do not require a spouse’s signature. Personal credit loans are not based on family units, but are individual lending behaviors. Loans such as car loans and home loans are based on the family unit. After marriage, no matter whether the husband or wife applies for the loan as the primary lender, the bank or consumer finance will check the spouse's credit report and require the spouse's signature.
Therefore, when applying for a personal credit loan, as long as the personal credit is good and the repayment ability is sufficient, the chance of passing the review is relatively high. :
If a couple signs a loan together, the bank will check the credit report of both spouses.
So, after the husband and wife both sign, is the debt a joint debt between the husband and wife? Our country’s Civil Code also clearly stipulates the standards for identifying the debts of a husband and wife, which are mainly divided into the following three levels:
First, based on the mutual consent of the husband and wife, the liability shall be borne by the husband and wife. The debts are the same debts for the husband and wife. It can be expressed in the form of a prior signature on the contract, or it can be ratified by one party after the fact. With regard to the debt signing, it can not only protect the interests of the other spouse in the disposal of major family property interests, respect their rights to know and consent, but also minimize the probability of subsequent disputes. As for the method of subsequent ratification, it can be in writing, or it can be judged through phone recordings, text messages, WeChat, emails, etc.
Second, debts incurred for daily family life needs are shared debts for husband and wife. This type of debt is mainly debt borne in the scope of daily household agency. It is generated during the life of husband and wife. It is based on the marriage relationship and generally includes normal food and clothing expenses, child support and education expenses, alimony for the elderly, and family expenses. For members' medical expenses, etc., both spouses shall be jointly and severally liable for the joint debts of the couple.
Third, the debt exceeds the daily needs of the family and the creditor cannot prove that the debt is used for the husband and wife’s daily life, production and operation, or based on the consent of both husband and wife. , it does not belong to the joint debt of husband and wife. During the marriage, in addition to daily household debts caused by exercising the power of agency for daily household affairs, the couple will also form other creditor-debt relationships with third parties, such as large loans, gifts, real estate transactions, etc. In order to protect the legitimate rights and interests of the debtor's spouse, the law clearly stipulates that the debt borne in this case shall not in principle be a joint debt of the couple, unless the creditor can provide evidence to prove that the debt was used for the husband and wife's living together, etc. .
Legal basis
"The People's Republic of China and the Civil Code"
Article 1064: Husband and wife *** same debtor as husband and wife * Debts borne by the same consent, such as signatures or subsequent ratification by one spouse, as well as debts borne by one spouse in his or her own name for the daily needs of the family during the marriage, are joint debts between the spouses.
Debts borne by one spouse in his or her own name during the marriage, which exceed the daily needs of the family, are not joint debts of the couple; however, the creditor can prove that the debt is used for the joint purpose of the couple. Exceptions include life, sex, production and operation, or based on the consent of both spouses.