If one of the spouses does not know about the debt, is there still an obligation to pay it back?

During the existence of the relationship between husband and wife, whether the other party is liable to repay the debts incurred by one party in his or her own name depends on whether they are joint debts of the husband and wife.

Legal analysis: whether one of the spouses is aware of the existence of the debt and is liable depends on whether the debt is a joint debt, including whether it is a debt for the purpose of living together or during the existence of the marital relationship, and whether it is a debt for the performance of legal obligations. If it is determined that it is a joint debt of the husband and wife, even if one party is not aware of it, then it is still liable, that is, it has the obligation to make restitution.

However, if it is determined to be a personal debt of the husband and wife, then regardless of whether the other party knows about it or not, there is no need to bear the responsibility of the law at this time. In accordance with the provisions of the Civil Procedure Law, the people's court may make a ruling on property preservation on the basis of the application of the other party in cases where the judgment may be unenforceable or difficult to enforce due to the conduct of one of the parties or other reasons; Where the parties do not submit an application, the people's court may also rule to employ property preservation measures when necessary. The people's court may order the applicant to provide a guarantee when employing property preservation measures; If the applicant does not provide a guarantee, the application shall be rejected.

After the people's court accepts the application, it must make a ruling within 48 hours if the situation is urgent.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and their opinions on matters such as child support, property, and debt disposition.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Legal analysis: It is not based on whether one of the spouses is aware of the existence of the debt, but whether the debt is a joint debt, including whether it is for the purpose of living together or during the existence of the marital relationship, and whether it is a debt for the performance of legal obligations. If it is determined that it is a joint debt of the husband and wife, even if one party does not know about it, then it is still liable, that is, it has the obligation to return it.

However, if you recognize the orange as a personal debt of the husband and wife, then no matter whether the other party knows it or not, there is no need to bear legal responsibility at this time.

Legal basis: Article 1089 of the Civil Code of the People's Republic of China In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

Legal analysis: If it is determined that it is a joint debt of the husband and wife, even if one party is not aware of it, then it is still liable, that is, it has the obligation to return. However, if it is determined to be a personal debt of the husband and wife, then no matter whether the other party knows about it or not, there is no need to bear legal responsibility at this time.

Legal basis: Civil Code of the People's Republic of China

Article 1089:In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. If the joint property is insufficient to pay off or the property is owned by each other, the two parties shall agree to settle the payment; If the agreement is not reached, the people's court shall make a judgment.

Article 1065:The parties may agree that property acquired during the existence of the marital relationship, as well as pre-marital property, shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.

The husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and if the husband or wife owes debts to the outside world, and the counterpart is aware of the agreement, the personal property of the husband or wife shall be settled.

During the existence of the relationship between husband and wife, whether the other party is liable to repay the debts incurred by one party in his or her own name depends on whether they are joint debts of the husband and wife.

The condition for determining whether it is a joint debt of the husband and wife is not whether the other party is aware of it, but whether the loan is used by one party for family life.

As long as it is used for family life, whether the other party knows it or not, it is a joint debt of the husband and wife and should be repaid jointly.

Article 2 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Debts between Husband and Wife stipulates that if a creditor claims rights to a debt incurred by one of the spouses in his or her own name for the daily needs of the family during the existence of the marital relationship on the ground that it is a joint debt of the husband and wife, the people's court shall support it.