When trying divorce cases, the people's courts should distinguish personal property, marital property and family property according to the Marriage Law of the People's Republic of China, the Law of People's Republic of China (PRC) on the Protection of Women's Rights and Interests and other relevant laws, adhere to equality between men and women, protect the legitimate rights and interests of women and children, and take care of and respect the innocent party. According to the above principles, combined with trial practice, the following specific opinions are put forward:

17. The debts incurred by husband and wife due to * * * living together or performing the obligation of raising and supporting shall be recognized as * * * debts of husband and wife, and shall be paid off with * * * property of husband and wife at the time of divorce.

The following debts cannot be regarded as the same debt of husband and wife, and should be paid off by one party with personal property:

(1) Debts agreed by husband and wife to be borne by individuals, except for the purpose of avoiding debts.

(2) without the consent of the other party, one party subsidizes the debts incurred by its relatives and friends who have no obligation to support.

(3) Without the consent of the other party, one party independently raises funds to engage in business activities, and its income is not used for debts incurred by the same generation.

(4) Other debts that should be borne by individuals.

Therefore, under one of the circumstances specified in 17, it cannot be considered that the husband and wife are in the same debt, and one party should pay off with personal property; Otherwise, the debts incurred by the husband and wife because they live together or perform the obligation of raising and supporting shall be recognized as the debts of the husband and wife, and shall be paid off with the property of the husband and wife at the time of divorce.