2. The third party already knows that the property acquired by the husband and wife during the marriage relationship belongs to each other and still agrees to lend it to one of the husband and wife, so the other party does not need to jointly repay this foreign debt.
3. In divorce cases that do not involve others, if one party who borrows in the name of an individual cannot prove that the borrowed debt is used for the husband and wife's common life, then the other party is not liable for repayment.
4. Creditors take husband and wife as defendants to file a lawsuit. The debtor's spouse proves that the borrowed debt is not used for the husband and wife to live together, and is not liable for repayment. If it cannot be proved, this debt belongs to the joint debt of husband and wife.
5. If the other party can prove that the debt borrowed by one party is used for illegal and criminal activities, it is not necessary to jointly repay the debt.
The joint debt of husband and wife generally requires both husband and wife to have a common willingness to borrow; If there is no common will, but the debt is for the husband and wife's marriage and common family life, it also belongs to the husband and wife's joint debt. Generally, there is the following evidence: when a husband and wife borrow money, the creditor and the debtor clearly agree that the debt is a personal debt of one party; The husband and wife agreed that the property acquired during the existence of the marriage relationship should be owned by each other. If the third party knows the agreement, it should pay off all the property owned by the husband and wife. It can be proved that the debt did not arise during the existence of the relationship between husband and wife; It can be proved that the debt has not been used for joint marriage life; Debts incurred by husband and wife due to infringement of personal rights and property rights of others; If one of the husband and wife inherits the inheritance and debts separately by will or maintenance and bequest agreement before or after marriage, the debts are presumed to be personal debts, and the debts incurred by one of the husband and wife due to violation of criminal law, administrative regulations or social morality, or due to the continuation, alteration and continuation of debts are presumed to be personal debts.
Determination of marital debt
1. First of all, it should be presumed that one party's loan is a joint loan of husband and wife;
2. If one party can produce enough evidence to prove that it is a personal loan, it is deemed as a personal loan;
3. If one party can provide sufficient evidence to prove that the loan is not used for common life, it is regarded as a personal loan.
Legal basis:
The Supreme People's Court's explanation on the application of law in the trial of husband and wife debt disputes
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Debts jointly signed by husband and wife or ratified by one party afterwards shall be recognized as joint debts of husband and wife.