Outstanding loans are joint debts of husband and wife. If one party fails to repay the loan and the other party is unable to repay the loan, it can bring a lawsuit to the court and ask the non-repayment party to bear the repayment responsibility. Creditors still have the right to demand repayment of the joint debts of the original husband and wife or one of them. According to Article 1064 of the Civil Code, debts jointly signed by husband and wife or ratified by one of them afterwards, as well as debts incurred by one of the husband and wife in his own name for the daily needs of the family during the marriage relationship, belong to joint debts of husband and wife. Debts incurred by one spouse in his own name during the marriage relationship that exceed the needs of family daily life are not joint debts of husband and wife; However, the creditor can prove that the debt is used for husband and wife's common life, joint production and operation, or based on the common will of both husband and wife.

Legal objectivity:

According to article 1062 of the Civil Code of People's Republic of China (PRC), the following property acquired by husband and wife during the marriage relationship is the common property of husband and wife: (1) salary, bonus and labor remuneration; (2) Income from production, operation and investment; (3) Income from intellectual property rights; (4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law; (5) Other property that should be jointly owned. Husband and wife have equal rights in dealing with common property. According to article 1065 of the Civil Code of People's Republic of China (PRC), a man and a woman may agree that the property acquired during the marriage relationship and the property before marriage shall be owned separately, jointly, partially or jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 1062nd and 1063rd of this Law shall apply. The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is legally binding on both parties. The husband and wife agreed that the property acquired during the marriage relationship should be owned by each other, and if the other party knows the agreement, the personal property of the husband and wife should be used to pay off the debts owed by the husband and wife. According to Article 1063 of the Civil Code of People's Republic of China (PRC), the following property is the personal property of one spouse: (1) the pre-marital property of one spouse; (2) Compensation or compensation obtained by one party for personal injury; (3) Property that is determined to belong to only one party in the will or gift contract; (4) Daily necessities used exclusively by one party; (five) other property that should be owned by one party.