Article 41 of the Marriage Law stipulates that the debts originally borne by the husband and wife in their common life shall 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. This article defines the scope of the joint debt of the husband and wife - the debt originally borne by the husband and wife living together; Clarified the responsibility of repayment - should be jointly repaid; The way of repayment is to use the common property to pay off. If the common property is not enough to pay off, use their own property to pay off. The amount to be paid off should be settled by the parties to the divorce through consultation. If no agreement is reached, the people's court should make a judgment. In general, the following principles should be followed when paying off joint debts:
1. The principle of equality. The Marriage Law stipulates that the husband and wife should jointly own their property and pay off their debts. It also stipulates that they have equal rights to dispose of their common property. Therefore, both parties have equal rights to pay off their joint debts. Under the principle of consensus with creditors, the husband and wife can agree on their respective responsibilities and payment dates, or one of them can agree to pay off all their debts, Then, when dividing the common property, one party shall pay off and recover from the other party.
2. The principle of consensus. For the settlement of the joint debt of the husband and wife, both parties should start from their actual bearing capacity and economic sources, and reach a consensus solution, which can be more or less, or it can be borne by one person. If consultation fails, a lawsuit may be brought to the people's court, which shall make a decision.
3. The principle of protecting the legitimate rights and interests of creditors from infringement according to law.
4. The principle of favoring women or those with financial difficulties.
