How to determine the joint debts of husband and wife and how to deal with them

The joint debts of the husband and wife are mainly based on the needs of the husband and wife for their common life, as well as the debts arising from the management, use, income and disposal of the joint property, including the following aspects:

1) The debts incurred for the purchase of property borrowed by one of the parties before the marriage has been converted into the joint property of the husband and wife;

2) debts incurred by the husband and wife for the common life of the family;

3) Debts incurred by husband and wife jointly engaged in production and business activities, or debts incurred by one party engaged in production and business activities, and the business income is used for family life or shared by spouses;

4) Debts incurred by one or both spouses for medical treatment and for the treatment of a person who has a legal obligation;

5) Debts incurred for raising children;

6) Debts incurred by the elderly who have the obligation to support them;

7) Debts incurred to pay for the education and training expenses of one or both spouses;

8) Debts incurred to pay for legitimate and necessary social interaction expenses;

9) Debts that are agreed upon by the husband and wife as joint debts;

10) Other debts that should be recognized as joint debts of husband and wife.

Article 41 of the Marriage Law stipulates that at the time of divorce, the debts originally incurred by the husband and wife living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.

The joint debts of the husband and wife shall follow the principle of co-signing and sharing, otherwise they shall be recognized as the personal debts of one of the husband and wife. Unless the creditor can prove that the borrowed money is used for the husband and wife to live together and operate together.

Legal analysis: 1. During the existence of the marital relationship, the debts incurred by the husband and wife in the name of the husband and wife for living together; 2. The debts incurred by the husband and wife in their personal names during the existence of the marital relationship are generally treated as joint debts of the husband and wife, but the husband and wife can prove that the creditor and the debtor have expressly agreed that they are personal debts; or if it can be proved that the husband and wife have agreed that the property acquired during the marriage relationship belongs to each other, and the creditor is aware of the agreement, it is the personal debt of the husband and wife; 3. Personal debts incurred by one party before marriage - generally personal debts, but if the creditor can prove that the debts incurred by one party before marriage are used for the common life of the family after marriage, it is the same debt as the husband and wife.

Legal basis: Article 1064 of the Civil Code of the People's Republic of China Debts borne by the husband and wife jointly signed or the husband and wife later recognized and other common expressions of intent; and debts 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, which are joint debts of the husband and wife.

Legal analysis: 1. During the existence of the marital relationship, the debts incurred by the husband and wife in the name of the husband and wife for living together; 2. During the existence of the marital relationship, the debts incurred by the husband and wife in their personal name are generally treated as joint debts of the husband and wife, but the husband and wife can prove that the creditor and the debtor have expressly agreed that they are personal debts; or if it can be proved that the husband and wife have agreed that the property acquired during the marriage relationship belongs to each of them, and the creditor is aware of the agreement, it is the personal debt of the husband and wife; 3. Personal debts incurred by one party before marriage - generally personal debts, but if the creditor can prove that the debts incurred by one party before marriage are used for family life after marriage, they are joint debts of husband and wife.

Legal basis: Article 1064 of the Civil Code of the People's Republic of China Debts borne by the husband and wife jointly signed or the husband and wife later recognized and other common expressions of intent; The debts incurred by Liang Fang and one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship are joint debts of the husband and wife.