1、 At the time of divorce, the debts incurred by the husband and wife in their common life shall be repaid jointly. If the joint property is insufficient to pay off, or the property belongs to each other, both parties shall agree to pay off; If the agreement fails, the people's court shall make a judgment.
2、 The first paragraph of Article 17 of the Several Specific Opinions of the Supreme People's Court on the People's Court's Handling of Property Division in the Trial of Divorce Cases stipulates that the debts incurred by the husband and wife to live together or to fulfill the obligations of maintenance and support shall be recognized as joint debts of the husband and wife, and shall be paid off with the husband and wife's joint property at the time of divorce.
3、 Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China
（2） Article 24 stipulates that creditors who claim rights over debts incurred by one of the spouses in their own name during the marriage relationship shall be treated as joint debts of the spouses. Except that one of the husband and wife can prove that the creditor and debtor have clearly agreed that they are personal debts, or can prove that they fall under the circumstances specified in Paragraph 3 of Article 19 of the Marriage Law.
4、 Paragraph 2 of Article 17 of the Several Specific Opinions of the Supreme People's Court on the People's Court's Handling of Property Division in the Trial of Divorce Cases stipulates that the following debts are not joint debts of husband and wife, but should be paid off by one party with personal property:
1. The husband and wife agree that the debts shall be borne by themselves, except for the purpose of evading debts;
2. One party, without the consent of the other party, subsidizes the debts of its relatives and friends who have no obligation to support them;
3. One party raises funds independently to engage in economic activities without the consent of the other party, and its income is really not used for the debts incurred by the common life;
4. Other debts that should be borne by individuals.
