When a husband and wife divorce, they need to agree on the division and distribution of property rights and which party will bear the outstanding loans. Then a written agreement is formed, and both parties sign and press their fingerprints. If the two sides have not agreed on the division of property rights, who will bear the loan, because it is a loan during marriage, which belongs to both husband and wife and needs two * * * to bear the debt. After divorce, if one party refuses to repay the loan, the other party can sue for rights protection. If both parties fail to repay the loan, the bank can sue the divorced couple for claiming the creditor's rights. Marriage Law: Article 39 At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law. Article 41 At the time of divorce, the debts incurred by the husband and wife living together shall be paid jointly. * * * If the same property is not paid 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. Article 24 of Judicial Interpretation II of Marriage Law: During the marriage relationship, if a creditor claims rights to the debts incurred by one of the spouses in his own name, it shall be regarded as joint debts of the spouses. 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. Article 25 If the divorce agreement of the parties or the 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 same debt of husband and wife. If one party claims compensation from the other party based on the divorce agreement or legal documents of the people's court after assuming joint and several liabilities for debt repayment, the people's court shall support it.