At the time of divorce, the debts incurred by the husband and wife for their common life during the marriage shall be repaid jointly. If the joint property is not enough to pay off or the property belongs to each other, the two parties shall reach an agreement to pay off; If the agreement fails, the people's court shall make a judgment.
[Legal Basis]
According to Article 41 of the Marriage Law, at the time of divorce, the debts originally borne by the husband and wife for 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. (The Marriage Law will expire on December 31, 2020)
Article 1089 of the Civil Code: At the time of divorce, the husband and wife shall jointly repay their debts. If the joint property is not enough to pay off or the property belongs to each other, the two parties shall reach an agreement to pay off; If the agreement fails, the people's court shall make a judgment. (The effective date of the Civil Code is January 1, 2021)
