If there is an agreement between the husband and wife regarding the property, it shall be handled according to the agreement. If there is no agreement between the husband and wife, the debts paid by one party for daily life shall be the joint debt of the husband and wife, and shall be determined by the spouse upon divorce. The husband and wife negotiate to resolve the matter, and the court makes a ruling if the negotiation fails.

Legal Basis

Article 1089 of the Civil Code states that upon divorce, the husband and wife’s debts shall be repaid jointly. If the property of the two parties is insufficient to repay or the property belongs to each other, the parties shall agree to repay the repayment; if the agreement fails, the People's Court shall make a judgment.