At the time of divorce, the principle that should be followed for the settlement of husband and wife's debts is that joint debts should be paid off with common property, and personal debts should be paid off with personal property. This article clearly stipulates that in the event of divorce, both husband and wife shall be jointly and severally liable for paying off the debts incurred in their common life. If the joint property of the husband and wife is not enough to pay off the debts, or the husband and wife agree to implement the separate property system, in the case of no joint property of the husband and wife, the two parties should agree to pay off. If no agreement can be reached, the people's court should make a judgment according to law.
 The following debts are joint debts of husband and wife:
 (1) The debts incurred by the joint declaration of intention, such as the joint signature of the husband and wife or the subsequent ratification of one of the husband and wife, (2) the debts incurred by one of the husband and wife during the existence of the marriage relationship in his own name for the needs of daily life of the family (3) the debts incurred by one of the husband and wife during the existence of the marriage relationship in his own name in excess of the needs of daily life of the family, However, the creditor can prove that the debt is used for the husband and wife's common life, production and operation, or based on the joint intention of the husband and wife.
 Article 41 of the Marriage Law of the People's Republic of China
 [Joint debts] At the time of divorce, the debts originally borne by the husband and wife in their common life shall be paid together. If the joint property is not enough to pay off, or if the property belongs to each other, the two parties shall reach an agreement on payment, and the people's court shall make a judgment.
 Article 1 of the Interpretation on Issues Related to the Application of Law in the Trial of Cases Involving Debts between Husband and Wife
 The debts incurred by the joint declaration of intention, such as the joint signature of both husband and wife or the subsequent ratification by one of the husband and wife, shall be recognized as joint debts of husband and wife.