In principle, the debts owed by one party in the name of the marriage relationship should be regarded as the same debts of the husband and wife (except illegal debts, gambling debts or debts due to illegal and criminal acts are either not protected by law or should be borne by the debtor himself).

Requested items:

One and two defendants * * * both repaid RMB 5,; Two, the two defendants are jointly and severally liable for the above debts; 3. The legal fees shall be borne by the two defendants.

article 24 of the second interpretation of marriage law, if a creditor claims rights for debts incurred by one of the spouses in his own name during the marriage relationship, it shall be treated as the same debts of the 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.

if it is determined that the debt belongs to the husband and wife, then both husband and wife should bear the repayment responsibility. If the court decides that one party should bear it, it is an error of applicable law, and the creditor can appeal to the people's court at the next higher level within the appeal period.

There are several principles for determining that husband and wife are the same:

First, the debts during the marriage relationship;

second, the debt is used for the husband and wife to live together;

Third, the husband and wife reach an agreement to borrow money.