If this debt is a debt signed by both husband and wife or ratified by one of them afterwards, and it is a debt borne by one of the husband and wife in his own name for the daily life of the family during the marriage relationship, it belongs to the joint debt of husband and wife. If one of the husband and wife exceeds the daily needs of the family in his own name during the marriage relationship, it does not belong to the joint debt 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.
Both men and women may agree that the property acquired during the marriage relationship and the pre-marital property shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 1062 and 1063 of the Civil Code 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.
If this debt is not a joint debt of husband and wife, there is no need for the husband to repay it after his wife dies. In practice, when dealing with cases that may involve joint debts of husband and wife according to relevant laws and regulations, we should pay attention to protecting the legal rights of both creditors and the other spouse who is not in joint debts. Cases involving joint debts of husband and wife are related to transaction safety, social integrity and family stability. When dealing with such cases, we should not only pay attention to the situation that both husband and wife may maliciously collude with creditors to harm the interests of spouses, but also pay attention to the situation that one husband and wife may maliciously collude with creditors to harm the interests of spouses, especially to prevent the debts that occurred during the existence of husband and wife relationship from being simply recognized as joint debts of husband and wife.
civil law
Article 1066 During the marriage relationship, under any of the following circumstances, one of the spouses may request the people's court to divide the common property:
(1) One party conceals, transfers, sells, damages or squanders the joint property of husband and wife or forges the joint debt of husband and wife, which seriously damages the interests of the joint property of husband and wife;
(two) one party has a legal obligation to support the person who needs medical treatment because of a serious illness, and the other party does not agree to pay the relevant medical expenses.