According to the 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.
 In principle, debts owed in the name of one party during the existence of the marriage relationship should be recognized as joint debts of the husband and wife, which should be paid by the husband and wife together.
 However, if one of the husband and wife can prove that the debt is indeed the personal debt of the debtor, then the party in the marital relationship who is not in debt can resist the creditor's request. There are two main situations of personal debt. One is that the creditor and the debtor clearly agree that the debt belongs to personal debt; The other is the situation stipulated in Item 3, Article 19 of the Marriage Law. The third item of Article 19 of the Marriage Law stipulates that "if the husband and wife agree that the property acquired during the marriage relationship shall belong to each other, the debts of the husband or wife shall be paid off with the property owned by the husband or wife if the third person knows the agreement".