According to the judicial interpretation of China ’s marriage law, if the spouse s debtor dies, the surviving party bears joint and several liabilities. If the property is not enough to repay, he can apply for repayment by installments.
Article 108 [Liquidation of debts] Debts shall be paid off. If the debt cannot be repaid temporarily, the debtor may repay it in installments with the consent of the creditor or a ruling of the people s court. People who have the ability to repay and refuse to repay shall be sentenced to compulsory repayment by the people s court.
In the process of legal documents litigation or after the legal documents come into effect, and then evade debts through divorce, the original spouse of the defendant should be directly added as the defendant, reflecting the priority of work and the principle of fairness . There are two cases:
(2) If the marriage registration authority or notary office divides the property and then the marriage authority divorces and evades the debt, the substantive law shall determine that the division of property between the defendant and his spouse is invalid, and then the spouse of the additional defendant shall be the defendant.
(2) If the court enters into legal documents for divorce and debt evasion, the spouse of the defendant will not be directly added as the defendant in the procedure. Instead, the defendant s original spouse will be added as the defendant after the defendant s property division agreement is cancelled first according to the trial supervision procedure.
Provisions of the Supreme Court s Opinions on Several Issues concerning the Application of Procedural Law : Where there is a right and obligation bearer in accordance with the provisions of the substantive law, the right and obligation bearer may be ruled as the defendant. It can be seen from the legal provisions that the current mandatory law has provided for certain additional defendants that can be determined in accordance with substantive law. It is recognized that in the process of exercising the right of adjudication, a substantive law judgment may be used . In the case, the substantive law may determine (divorce and divorce) that the agreement between the defendant and his spouse s property division agreement is invalid. The additional defendant spouse is the defendant. Approved in practice, and also supported by the legal theory community. In the procedure, the adjudication power can be exercised by the bureau s tribunal (the one without a tribunal), the supervision mechanis m, the hearing system, and where the law provides, the remedy is to allow the parties to apply to the court for reconsideration. The original spouse of the defendant was directly added in the procedure. The parties should sue to the court in different cases . Different courts apply different substantive laws to protect creditors from exercising the right of revocation. For example, Article 74 of China s Contract Law stipulates that the creditor s exercise of the right of revocation and requesting the court to revoke the invalidation of the debtor s waiver of the due creditor s right to transfer property for free or at a low price.