According to the relevant provisions of Article 41 of the Marriage Law, at the time of divorce, the debts originally borne by the husband and wife living together shall be settled by both parties through agreement if the joint property is not enough to pay off, or if the property belongs to each other; In case of failure to reach an agreement, the people's court will judge the determination of the joint debt of the husband and wife. Items used for the family's common expenditures in life, such as the purchase of household goods, children's tuition fees, medical expenses for illness, etc., are all family joint debts. The determination of individual debt during marriage is only used for personal, unrelated to common life Or although it is related to the common life, the husband and wife do not agree with each other, and the debts formed by unilateral will are all personal debts. But in practice, it is often difficult for creditors to accurately judge whether the loans of the husband and wife are used for the common life, and the nature of the debts is joint debt of the husband and wife or personal debt. Therefore, Judicial Interpretation II of the Marriage Law Article 24 stipulates in detail that if a creditor claims rights over debts incurred by one of the husband and wife in their personal name during the existence of the marriage relationship, they shall be treated as joint debts of the husband and wife, except that one of the husband and wife can prove that the creditor and the debtor have clearly agreed on personal debts, or can prove that they belong to the circumstances specified in Paragraph 3 of Article 19 of the Marriage Law, If the husband and wife agree that the property acquired during the marriage relationship shall belong to each other, and the debt of the husband or wife to the outside world is known by the third person, the debt borrowed by the husband and wife in their own name during the marriage relationship shall be paid off with the property owned by the husband or wife according to the provisions of the above judicial interpretation. If the creditor demands repayment, Generally, it should be recognized as the joint debt of husband and wife, and both husband and wife should bear the responsibility of repayment with their common property, except for two cases: one is that there is evidence that the creditor and debtor have clearly agreed that the debt is personal debt, which should be repaid by individuals; Second, there is evidence to prove that the husband and wife agreed that the property should belong to each other, and the creditor knew the agreement