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 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.
Extended data:
range
Includes the following aspects:
(a) the property purchased by one party with a pre-marital loan has been converted into the joint property of husband and wife, and the debts arising from the purchase of these properties;
(two) the debts incurred by the husband and wife because of the common life of the family;
(three) the debts incurred by the husband and wife in their joint production and business activities, or the debts incurred by one party's business income used for family life or jointly owned by the husband and wife;
(4) debts incurred by one or both spouses in treating diseases within the scope of legal obligations;
(five) debts incurred by raising children;
(six) debts incurred by supporting the elderly who have the obligation to support;
(seven) debts incurred to pay the education and training expenses of one or both spouses;
(eight) debts incurred to pay legitimate and necessary social communication expenses;
(nine) the debts agreed by the husband and wife agreement are joint debts;
(ten) other debts that should be recognized as joint debts of husband and wife.
Article 41 of the Marriage Law of the People's Republic of China stipulates: "At the time of divorce, the debts originally incurred by the husband and wife living together shall be paid off jointly. If the joint property is insufficient to pay off, or if the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, it shall be decided by the people's court. "
In the way of responsibility, the husband and wife's "joint repayment" responsibility is joint repayment responsibility. Regardless of whether the two parties are divorced or not, they should pay off their joint debts with their joint property and their respective property.
Creditors have the right to require one or both spouses to repay part or all of their debts, regardless of their share or priority. Either spouse shall bear all or part of the debts according to the requirements of the creditors. When one spouse's property is insufficient to pay off, the other spouse is liable to pay off.
Baidu Encyclopedia-Joint Debt of Husband and Wife