Generally speaking, the joint debt of husband and wife refers to the debt owed by both husband and wife on the basis of common meaning, as well as the debt owed by one husband and wife in his own name for the daily life of the family during the marriage relationship. The joint debt of husband and wife based on common will refers to the debt signed by both husband and wife, ratified by one of them afterwards or expressed by other common will. The expenditure of husband and wife's common life refers to the expenditure of husband and wife's common consumption, the formation of husband and wife's common property or the expenditure of husband and wife's common property in interest management.
legal ground
People's Republic of China (PRC) Civil Code
Article 1064 Debts incurred by the husband and wife who jointly sign or one of them ratifies afterwards, and debts incurred by one of the husband and wife in his own name for the daily needs of the family during the marriage relationship, are joint debts of the husband and wife. Debts incurred by one spouse in his own name during the marriage relationship that exceed the daily needs of the family are not joint debts of husband and wife; However, the creditor can prove that the debt is used for husband and wife's common life, joint production and operation, or based on the common will of both husband and wife.
Article 1080 The marriage relationship is dissolved when the divorce registration is completed or the divorce judgment or conciliation statement comes into effect.
Article 1089 The joint debts of husband and wife shall be paid off at the time of divorce by both parties. If the joint property is insufficient to pay off or 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.
The Supreme People's Court's Interpretation on the Application of the Marriage and Family Section of the Civil Code of People's Republic of China (PRC) (I)
Article 35 If the divorce agreement of the parties or the effective judgment, ruling or conciliation statement of the people's court has dealt with the division of husband and wife's property, the creditor still has the right to claim rights from both men and women for the joint debt of husband and wife.
After one party assumes the responsibility of paying off the joint debts of husband and wife, if the other party assumes the corresponding debts according to the divorce agreement or legal documents of the people's court, the people's court shall support it.