Supplementary Provisions of the Supreme People's Court on the Interpretation of 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. ?
the marriage law of the people's republic of china
Article 19 A husband and wife have agreed that the property acquired during the marriage relationship shall be owned by each other. If a third party knows this agreement, it shall pay off all the property owned by the husband and wife.
Extended data:
At the time of divorce, both parties can divide the debts. If not, the court will intervene:
the marriage law of the people's republic of china
Article 41 At the time of divorce, the debts originally incurred by the husband and wife living together shall be paid off jointly by the husband and wife. 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, the people's court shall make a judgment.
Joint liability of husband and wife's debts:
Supplementary Provisions of the Supreme People's Court on the Interpretation of Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II)
Article 26 If one of the spouses dies, the surviving spouse shall be jointly and severally liable for the joint debts during the marriage relationship.