1. If the debt is based on the needs of husband and wife's common life and the management, use, income and disposal of common property, both husband and wife shall be jointly and severally liable for repayment and division of the debt regardless of whether one party is a nominal debtor or not;

2. If it is personal debt, the debt will not be divided.

What is the principle of paying off the joint debts of husband and wife?

1, based on the principle of joint property repayment;

2. The principle of consensus;

3. The principle of protecting the legitimate rights and interests of creditors from infringement according to law;

4. Adhere to the principle of combining equality between men and women with the protection of women's interests and taking into account the actual performance ability of both parties.

Legal basis: Article 1076 of the Civil Code of People's Republic of China (PRC).

If the husband and wife voluntarily divorce, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall specify the expression of the will of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt disposal.

Article 1077

Within 30 days after the marriage registration office receives the application for divorce registration, if either party is unwilling to divorce, it may withdraw the application for divorce registration from the marriage registration office.

Within thirty days after the expiration of the time limit specified in the preceding paragraph, both parties shall personally apply to the marriage registration office for a divorce certificate; Those who fail to apply shall be deemed to have withdrawn their application for divorce registration.