According to the provisions of Article 19 of the Marriage Law of the People's Republic of China, husband and wife may agree that the property acquired during the marriage relationship and the pre-marital property shall be owned separately, jointly, partially or jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 17 and 18 of this Law shall apply.
The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is binding on both parties. The husband and wife agreed that the property acquired during the existence of the marriage relationship should be owned by each other. If the third party knows the agreement, it should pay off all the property owned by the husband and wife.
Article 41 At the time of divorce, the debts incurred by husband and wife due to their common life 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, the people's court shall make a judgment.
Extended data:
Exceptions to joint debts of husband and wife:
1. Debt borrowed by one party for gambling. Since the debt borrowed by one party for gambling is not used for the common life and family life of husband and wife, it belongs to the unreasonable expenditure of one party and does not belong to the scope of joint debt of husband and wife, so it should be borne by the borrower himself, and the other spouse does not bear the repayment responsibility. It should be pointed out that illegal debts are not protected by law according to Chinese laws.
Gambling is prohibited by law in China, and gambling debts are illegal debts and are not protected by law. If the lender knows that the borrower's debt is used for personal gambling, its creditor's rights are also not protected by law.
Article 11 of the Supreme People's Court's Opinions on the Trial of Lending Cases by People's Courts stipulates that the lender knows that the borrower is borrowing money for illegal activities, and its lending relationship is not protected. ?
2. During the marriage relationship, the debt incurred by one spouse in his own name, and the other spouse can prove that the debt is really the debtor's personal debt.
Article 24 of the Interpretation of Marriage Law (II) stipulates that during the marriage relationship, if a creditor claims rights for debts incurred by one spouse in his own name, it shall be regarded as joint debts of husband and wife. However, unless one of the spouses can prove that the creditor and the debtor have clearly agreed to be personal debts, or can prove that it belongs to the situation stipulated in the third paragraph of Article 19 of the Marriage Law.
This article provides an exception to the joint debt of husband and wife. One is that creditors and debtors clearly agree on personal debts, and this agreement itself can be proved.
The other is that the third paragraph of Article 19 of the Marriage Law stipulates that the property acquired during the marriage relationship shall be owned by each spouse, and the debts incurred by one spouse shall be paid off with the property owned by the husband and wife when the third person knows this agreement.
References:
Baidu Encyclopedia-Marriage Law of the People's Republic of China