First of all, the husband and wife can agree who will bear the debt, but they can't confront a bona fide third party outside the case. Secondly, outsiders can sue and ask one or both parties to bear the debt. Specifically, whether one party should bear or both parties should bear the debt, and whether the husband should bear the debt should be determined according to the relevant laws and regulations, whether the debt owed by the wife is a personal debt or a joint debt of the husband and wife.

firstly, the debts owed by the husband and wife * * * on the basis that they have the same meaning are the same debts of the husband and wife. It can be expressed in the form of * * * with the signature in advance, or it can be ratified by one party afterwards. For * * * debt * * sign, it can protect the interests of the other spouse in the disposition of family's major property interests, respect their right to know and consent, and also minimize the probability of disputes afterwards. As for the way of ratification afterwards, it can be in written form, or it can be judged by telephone recording, SMS, WeChat and email.

Second, the debts incurred for the daily needs of family life are the same for husband and wife. This kind of debt mainly belongs to the category of daily household agency, which is generated in the process of husband and wife living together, based on the marriage relationship, and generally includes normal food and clothing, children's upbringing and education funds, elderly alimony, family members' medical expenses, etc. For husband and wife's debts, both husband and wife should be jointly and severally liable.

Third, the debts that exceed the daily needs of the family and the creditors can't prove that the debts are used for the husband and wife's * * * life, * * * production and operation, or based on the same meaning of the husband and wife, are not the same debts of the husband and wife. During the marriage relationship, the husband and wife will form other creditor-debtor relationships with the third party, such as large loans, gifts, real estate sales, etc., in addition to daily household debts due to the exercise of daily household agency rights. In order to protect the legitimate rights and interests of the debtor's spouse, the law clearly stipulates that the debt incurred in this case does not belong to the same debt of husband and wife in principle, except that the creditor can prove that the debt is used for the same life of husband and wife.

Legal basis

Article 164 of the Civil Code, the debts incurred by the husband and wife with the same signature or the ratification by one of them afterwards, as well as the debts incurred by one of them in his own name for the daily needs of the family during the marriage relationship, belong to the same debts of the husband and wife.

The debts incurred by one of the husband and wife in their own name during the marriage relationship beyond the daily needs of the family do not belong to the same debts of the husband and wife; However, the creditor can prove that the debt is used for the husband and wife's * * * life, * * * production and operation, or based on the same meaning of both husband and wife.