The debts incurred by a husband and wife engaged in business with their personal property shall be the personal debts of one of them, unless the husband and wife expressly agree to be joint debts. If there is no clear agreement, even if the operating income is used for the husband and wife to live together, it will not affect the nature of the debt as a personal debt of one party, because one party voluntarily uses the operating income for the husband and wife to live together, which belongs to the punishment of one party's own property and does not need legal restrictions or additional conditions.

When the husband and wife are in debt due to bad hobbies or illegal acts, this situation is mostly manifested in the debts owed by one of the husband and wife because of gambling, whoring, drug abuse and other bad hobbies or illegal acts.

If one spouse's debt is not directly caused by the above-mentioned bad habits or illegal acts, but borrowed money from a third person to engage in the above-mentioned bad habits or illegal acts, and the third person does not know that the purpose of borrowing money from one spouse is the above-mentioned bad habits or illegal acts, the rights of a bona fide third person shall be protected by law and may claim creditor's rights from both spouses in the form of joint debts.

But in any case, within the husband and wife, the debt is still the personal debt of the husband and wife.

According to the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II)

Article 23 The people's court shall not support the creditor's claim against the debtor's spouse for the personal debt incurred by one party before marriage. However, the creditor can prove that the debt is used for the common life of the married family.

Article 24 The debts incurred by one spouse in his own name during the marriage relationship, and the creditor claims rights, shall be treated as joint debts of 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.

In this case, the 50,000 yuan owed by the man for playing online games should be borne by the man unilaterally, and the 50,000 yuan for buying a car should be shared equally by both parties. Other debt allocation. The woman has no financial resources. She didn't write an iou to the man, but directly agreed or made a judgment in the woman's name, and both the bank and the woman would investigate.

Extended data:

The scope of husband and wife's personal debt

I. Pre-marital debt of one or both spouses

The joint debt of husband and wife is based on the establishment of husband and wife relationship. Without the relationship between husband and wife, there is no joint debt between husband and wife. Before the marriage relationship is established, husband and wife are independent civil subjects, and there is no legal connection. The debts owed by either party are of course their personal debts.

Pre-marital personal debt is still a pre-marital personal debt even if it occurs after marriage due to the exercise of cancellation right or the recognition of unauthorized agency or the achievement of the attached stop conditions.

The second is the debt that is agreed to be borne by the individual within the marriage.

Just as personal debts before marriage can be agreed as joint debts of husband and wife, the joint debts of husband and wife arising from living together during the marriage relationship can also be agreed as personal debts. However, this agreement shall not be aimed at avoiding debts, otherwise it will be invalid.

Moreover, the effect of joint and several debts agreed by husband and wife as personal debts only arises within the husband and wife. Unless there is evidence to prove that the third party knows or agrees with the agreement, the agreement cannot be against the third party. If there is no evidence to prove that the third party knows or agrees to the agreement, the husband and wife shall still be jointly and severally liable for the debt.

Baidu Encyclopedia-Personal Debt of Couples