1. Adhere to the principle of repayment with the joint property of husband and wife. According to the law, common property belongs to common ownership, and common debts are paid off by common ownership. It also stipulates that husband and wife also have the same right to pay off joint debts. Under the principle of consensus with creditors, husband and wife can agree on their respective responsibilities and repayment dates, or they can agree that one party will pay off all debts, and then when dividing the common property, the debtor will recover from the other party. In real life, some parties take fake divorce to avoid debts. The two sides agreed that the property belongs to one party and the debt belongs to the other party. When the creditor asks for repayment, the other party refuses to pay on the grounds that the property belongs to one party and should not be repaid by it, so as to avoid debt. In the trial practice, in order to prevent the occurrence of the above situation, the parties who evade debts are not given an opportunity. When dealing with the joint debt sharing of husband and wife, the joint property and joint debt of husband and wife are regarded as a whole and inseparable, and they are considered together. If the property is awarded to one party, then the debt should be borne by one party. Even if there is no property to pay off, at least the joint property shared by this party can be used to pay off the joint debts.

2. Principle of consensus. For the settlement of the husband and wife's joint debts, both parties should proceed from their actual affordability and economic sources and settle them through consultation, which can be more or less, or one person can bear all of them. If negotiation fails, a lawsuit can be brought to the people's court, and the people's court will make a judgment.

3. The principle of protecting the legitimate rights and interests of creditors from infringement according to law. At the time of divorce (after divorce), both men and women should be responsible for paying off all debts jointly owned by the original husband and wife. When the creditor claims rights, neither of the original husband and wife may refuse to get involved in the debt in proportion to the debt sharing agreement reached by both parties at the time of divorce or the judgment of the court. When one party pays off all debts, it has the right to recover the creditor's rights from the other party. This can ensure the full realization of the interests of creditors. Apply joint liability to deal with joint debts of husband and wife.

4. Adhere to the principle of combining equality between men and women with the protection of women's interests and taking into account the actual performance ability of both parties. Equality between men and women is the basic principle of the Civil Code. In property relations, husband and wife have equal rights to manage, operate and use common property, equal rights to divide property and equal obligations to pay off common debts. However, equal payment is not equal sharing, and it should also take into account the ability of the parties to fulfill their debts and tilt towards women or those with financial difficulties.

5. The joint debt of husband and wife is determined by the rule of inversion of proof. If it is difficult to confirm the nature of personal debt or joint debt of husband and wife, the obliging party shall bear the burden of proof of joint debt of husband and wife. If the parties advocate that one of the spouses should bear the debt, and the evidence cannot be proved and the people's court cannot verify it, it shall be treated as a joint debt of the husband and wife. Only in this way can we reduce or put an end to the behavior of one or both spouses to evade the law, avoid debts and harm the interests of the third party in litigation.

How to distribute property after divorce?

1. Unless otherwise agreed by the husband and wife, the property acquired by one party before marriage belongs to one party's personal property, and the other party has no right to divide it.

2. During the marriage relationship, the property acquired by both husband and wife belongs to the common property of husband and wife and can be divided by the parties through consultation.

3. If negotiation fails, it shall be divided equally by the court in principle. However, if one party has difficulties in life, the court may take care of the party with difficulties and give more points to the joint property of the husband and wife.

To sum up, if you want to divorce, the division of joint debts is generally raised at the time of divorce. However, whether the debts mentioned by the parties are joint and several debts needs to be determined by the court according to law before making a judgment.

Legal basis:

civil law

Article 1087

At the time of divorce, the joint property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party.

The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.

Article 1088

If a husband and wife take on more obligations because of raising children, caring for the elderly and assisting the other spouse in work, they have the right to ask the other spouse to pay compensation at the time of divorce, and the other spouse should pay compensation. Specific measures shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.