Insights

How to query Ningbo spouse's private online loan

1. query method

personal name of the network loans, credit card loans, etc., in fact, can be found out by checking the personal credit report.

There are two types of personal credit reports:

1, online query is a simplified version of the credit report, the content of only the name, identity card, credit records, query records and other information.

Query channel:

◎ Log in to official website of the Credit Information Center:<http://www.pbccrc.org.cn>, enter the "Internet Personal Credit Information Service Platform" in the middle of the home page of official website for operation.

◎Bank online banking: Industrial and Commercial Bank of China, China Construction Bank, China Merchants Bank, China CITIC Bank, China Guangfa Bank, Shanghai Pudong Development Bank, Minsheng Bank, Postal Savings Bank, Bank of China.

◎Mobile banking APP: Industrial and Commercial Bank of China, Bank of China, Construction Bank, Bank of Communications, China CITIC Bank, China Everbright Bank, China Merchants Bank, China Guangfa Bank, Ping An Bank, Shanghai Pudong Development Bank, Minsheng Bank, Agricultural Bank, Postal Savings Bank and China UnionPay Cloud Flash APP, Huaxia Bank.

2. The detailed personal credit report is paper-based and can only be obtained offline. The detailed credit report shows the most comprehensive content, the greatest reference value, and complete credit information. Local individuals in Ningbo can hold their ID cards to print detailed reports on the spot at the credit inquiry agency outlets in Ningbo authorized by the People's Bank of China. The information of the outlets can be queried on the official website of the Credit Information Center of the People's Bank of China.

Is 2. online loan a joint debt of husband and wife?

As for whether these loans are joint debts of husband and wife or your husband's personal debt, it generally depends on the purpose of the loan and the size of the loan amount.

the People's Republic of China Civil Code

article 1064 Debts incurred by both husband and wife in their joint signature or by one of the husband and wife after the fact, as well as debts incurred by one of the husband and wife in their own name during the marriage for the daily needs of the family, shall be joint debts of husband and wife. The debt incurred by one of the spouses in the name of the individual during the marriage that exceeds the daily needs of the family does not belong to the joint debt of the husband and wife; however, the creditor can prove that the debt is used for the joint life of the husband and wife, joint production and operation, or on the basis of the joint intention of the husband and wife.

Ningbo local judges also hold this caliber: according to the Cixi court, Ningbo intermediate people's court related cases, the amount of loans that exceed the daily needs of the family, creditors must prove that for the husband and wife to live together or jointly produce and operate, otherwise do not determine the joint debt.

The purpose of the other party's loan, it is necessary to investigate the other party's bank account details.

However, the investigation of the other party's bank account details requires the other party's cooperation. If your husband does not cooperate, you can only apply for a court investigation in divorce proceedings, or be investigated by a lawyer with a court investigation order.

3. what is a joint debt between husband and wife?

In the following cases, it is generally recognized as a joint debt of husband and wife:

1, the husband and wife on the debt to reach an agreement.

If the husband and wife jointly sign, one of the husband and wife ratify afterwards or have other common intention to express the joint debt, it shall be recognized as the joint debt of the husband and wife. The consent of both spouses may be expressed or implied. The express includes the mutual signing of the loan by the husband and wife or the agreement of one party by means of text messages, WeChat, etc. Implied includes acts that can be inferred from joint liabilities, such as borrowing into a de facto control account in the name of the spouse. A non-debt spouse who afterwards knew but did not make a ratification cannot be considered to have reached an agreement on the debt.

2, the husband and wife debt for the daily life of the family.

The debt incurred by one of the spouses in the name of the individual for the daily needs of the family during the marriage is a joint debt of the husband and wife. "Family daily life needs" refers to the necessary expenses of both husband and wife and their minor children living together in daily life, including normal consumption of clothing, food, housing and transportation, purchase of daily necessities, medical care, children's education, support for the elderly, as well as legitimate entertainment and cultural consumption, the amount and purpose of which should be in line with "daily nature" and "rationality".

The reasonable amount of daily family affairs agency for different families is quite different, and the following points should be paid attention to when determining whether the debt is "borne by the daily needs of the family": first, the court should comprehensively determine whether the debt exceeds the reasonable amount of daily family affairs agency according to the amount of debt, local economic level, loan name, husband and wife's social status, occupation, assets, income and other factors, and in the judgment to set out the process of judgment, reasoning, second, although a large amount of debt in a long period of time after marriage, but each time the amount is small and the debt is indeed used for the daily expenses of the family, should be recognized as the joint debt of husband and wife.

3, the creditor can prove that belongs to the joint debt of the husband and wife.

In relation to the debts incurred by the family in its daily life, the creditor shall prove that the debts incurred by one of the spouses in the name of the individual and are clearly beyond the scope of the family's daily life, the creditor shall prove that the debts are used for the couple's common life, joint production and operation or based on the common intention of both spouses.

4. what is a personal debt of one party?

In the following cases, it is generally recognized as personal debt:

1, one party in the name of the individual debt beyond the daily needs of the family.

Debts incurred by one of the spouses in his or her own name during the marriage that exceed the daily needs of the family are not joint debts of the spouses. The creditor can prove that the debt is used for the joint life of the husband and wife, joint production and operation, or on the basis of the joint intention of the husband and wife.

2. Unreasonable expenses that are obviously unrelated to the couple's living together.

Debt is an unreasonable expense that is used for one of the spouses and is clearly unrelated to the couple's life together, and none of them has the attribute of family use and should be defined as personal debt. For example, free guarantee, debts arising from acts such as the purchase of real estate and vehicles by one spouse for children born in the previous marriage, squandering consumption (such as the purchase of luxury goods that do not match their own consumption ability, debt reward network anchors, etc.), violation of marital loyalty obligations (such as keeping lovers, raising illegitimate children, etc.), and endangering family interests, shall not be recognized as joint debts of husband and wife.

3, otherwise agreed to be recognized as personal debt.

If the debtor and the creditor expressly agree to be a personal debt, or if the agreement between the husband and wife is a separate property system and the creditor is aware of it, it should also be directly recognized as a personal debt.

In divorce disputes between husband and wife, such situations are often more complicated, and it is best to entrust a lawyer to assist when necessary.