At the time of divorce, the debts incurred by the husband and wife in 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.
According to Article 41 of the Marriage Law
At the time of divorce, the debts incurred by the husband and wife in 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.
Judicial interpretation II of the Marriage Law:
Article 24
If a creditor claims rights over debts incurred by one of the husband and wife in their personal name during the existence of the marriage relationship, it shall be treated as joint debts of the husband and wife. 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.
If one of the husband and wife colluded with a third person to make up debts and the third person claimed rights, the people's court will not support it.
The people's court will not support the third person who claims the rights of the debt incurred by one of the husband and wife in illegal and criminal activities such as gambling and drug abuse.
