Supplementary Provisions of the Supreme People's Court on the Interpretation of Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II)
Article 23 The people's court shall not support the creditor's claim against the debtor's spouse for the personal debt incurred by one party before marriage. However, the creditor can prove that the debt is used for the common life of the married family.
Article 24 The debts incurred by one spouse in his own name during the marriage relationship, and the creditor claims rights, shall be treated as joint debts of husband and wife. However, unless one of the spouses can prove that the creditor and the debtor clearly agreed to be personal debts, or can prove that it belongs to the circumstances stipulated in the third paragraph of Article 19 of the Marriage Law.
Criteria for determining the joint debt of husband and wife;
The Supreme People's Court's explanation on the application of law in the trial of husband and wife debt disputes
Article 1 Debts jointly signed by husband and wife or ratified by one party afterwards shall be recognized as joint debts of husband and wife.
Article 2 During the marriage relationship, the people's court shall support the debts incurred by the husband and wife in their own names due to the daily needs of the family, and the creditors claim their rights on the grounds that they belong to the joint debts of the husband and wife.
Article 3 The people's court shall not support the debt incurred by one spouse in his own name during the marriage relationship that exceeds the daily needs of the family, and the creditor claims the rights on the grounds that it belongs to the joint debt of the husband and wife, except that the creditor can prove that the debt is used for the joint life, joint production and operation of the husband and wife or expressed on the basis of the common meaning of the husband and wife.
People's Republic of China (PRC) the Supreme People's Court Communique-the Supreme People's Court's Interpretation on Relevant Issues Concerning the Application of Law in the Trial of Husband and Wife Debt Disputes
Supplementary Provisions of People's Republic of China (PRC), the Supreme People's Court and the Supreme People's Court on the Interpretation of Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II)