If one of the spouses owes debts, does the other spouse need to repay the debts?

Legal analysis: if one spouse owes a debt, if the debt is a joint debt of the husband and wife, the other party needs to repay the debt. If it is a debt incurred in the name of an individual in excess of the daily needs of the family, it is not a joint debt of the husband and wife, and the other party does not need to repay the debt.

Legal basis: Article 1064 of the Civil Code of the People's Republic of China Debts borne by the husband and wife in the joint signature of the husband and wife or the subsequent recognition of the husband and wife, as well as debts incurred by one of the husband and wife in his or her own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.

Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

It should first be clarified whether the nature of the debt owed by one party is a personal debt or a joint debt of the husband and wife. If it is a personal debt, it should be repaid by the debtor personally; If the debt is joint between the husband and wife, both parties are obliged to pay it. Article 17 of the "Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in the Trial of Divorce Cases by the People's Courts" has the following circumstances that cannot be recognized as joint debts of husband and wife, and shall be treated as personal debts, and one party shall pay off them with personal property:

1) Debts that the husband and wife agree to bear individually, except for the purpose of escaping debts; (2) One party, without the consent of the other party, finances the debts of relatives and friends who have no obligation to support it; (3) One party raises funds to engage in business activities on its own without the consent of the other party, and its income is not used for debts incurred by living together; (4) Other debts that should be borne by individuals.

If one spouse owes a debt, the other spouse does not pay back the debt if it is a personal debt of one spouse; If the debt is a joint debt, the other spouse needs to pay it back. Husband and wife have the joint responsibility to repay joint debts, and debts borrowed by one party for the husband and wife's common life, joint production and operation can be recognized as joint debts of husband and wife.

[Legal basis].

Article 1064 of the Civil Code.

Debts incurred by the husband and wife as a joint signature or a subsequent recognition by one of the husband and wife, as well as debts incurred by 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.

Debts incurred by one of the spouses in his or her own name during the marriage beyond the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

Article 1089.

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.

If one of the spouses owes debts, if they are joint debts, the other spouse has the obligation to repay them.

Interpretation of the Supreme People's Law on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II):

Article 23 stipulates that if a creditor claims rights against the debtor's spouse in respect of the personal debts incurred by one party before marriage, the people's court shall not support the liquidation. However, the creditor can prove that the debt was incurred for the common life of the family after the marriage.

There is a clear line between joint and personal debts, and there are clear differences in their scope and how they can be repaid.

Whether the other spouse needs to repay the debt owed by one spouse depends on whether the debt is a joint debt, and if it is a joint debt, the other party is responsible for repaying it. Joint debts are debts owed by both spouses or one of them to a third party during the existence of the marital relationship for the husband and wife to live together. Many couples will have disputes over property, debts, etc.

If one spouse owes a debt outside and the other spouse is being collected, is one spouse obligated to pay the debt? Whether the other spouse needs to repay the debt owed by one spouse depends on whether the debt is a joint debt, and if it is a joint debt, the other party is responsible for repaying it. Joint debts of husband and wife are debts owed by both husband and wife or one of them to a third party for the husband and wife to live together during the existence of the marital relationship, and whether the debts incurred by one of the husband and wife in his or her own name during the existence of the marital relationship are joint debts of the husband and wife depends on the following circumstances:

Debts borne by both husband and wife jointly signed or later recognized by one of the husband and wife shall be found to be joint debts of the husband and wife. Where a creditor claims rights over 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, on the grounds that they are joint debts of the husband and wife, the people's court shall support them. The following debts cannot be recognized as joint debts of the husband and wife and shall be paid by one of the parties with personal property:

1) Debts that the husband and wife agree to bear individually, except for the purpose of escaping debts.

2) One party finances debts owed by relatives and friends who have no obligation to support them without the consent of the other party.

3) One party has engaged in business activities without the consent of the other party, and its income has not been used for debts incurred by living together.

4) Other debts that should be borne by the individual. Legal basis: "Several Questions on the Application of the Marriage Law of the People's Republic of China".

During the marriage, the debts owed by one spouse are joint debts of both spouses and the other spouse is obliged to repay them together with the other spouse.

This needs to be borne by both husband and wife.

Yes, the joint property of the husband and wife is shared by both parties, and the debts are naturally the same.