Legal basis: the Supreme People's Court's explanation on the application of marriage and family in the Civil Code of People's Republic of China (PRC) (I).
Article 33 The people's court shall not support the creditor's claim against the debtor's spouse for the personal debt incurred by one party before marriage. However, the creditor can prove that the debt is used for the common life of the married family.
Article 34 If a husband and wife collude with a third person to fabricate a debt, and the third person claims that the debt is a joint debt of the husband and wife, the people's court will not support it. The people's court shall not support the debts incurred by one party due to illegal and criminal activities such as gambling and drug abuse, and the third party claims that the debts are joint debts of husband and wife.
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.