During the duration of the husband and wife relationship, the debts formed by both the husband and wife externally, or the debts formed by one party for the common life, production and operation of both parties, are the joint debts of both the husband and wife. It shall be borne by both husband and wife.
According to Article 41 of the Marriage Law, at the time of divorce, the debts originally borne by the husband and wife should be paid together. 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.
