1. Where a creditor claims rights for debts incurred by one spouse in his own name during the marriage relationship, it shall be treated as joint debts of the 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.

2. Legal basis:

1) "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China" (II) Article 24 Creditors claim rights for debts incurred by one of the spouses in their own name during the marriage relationship.

Right, should be regarded as the joint debt 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.

2) Article 19 of the Marriage Law (200 1 Revision) stipulates that the property acquired by husband and wife during the marriage relationship shall be owned by each other. If the third party knows the agreement, it shall be paid off with the property jointly owned by the husband and wife.