According to the relevant laws of China, the common debts of husband and wife are repaid by the common property of the husband and wife. If the common property of the husband and wife is not enough to repay the debt, the pre-marital personal property can be used to repay the debt.
Article 19 [Agreement on the property of husband and wife] A husband and wife may agree that the property obtained during the existence of the marriage relationship and the pre-marital property shall be owned, jointly owned or partially owned, partially wholly owned . The agreement shall be made in writing. If there is no agreement or the agreement is not clear, the provisions of Articles 17 and 18 of this Law shall apply.
The husband and wife shall agree on the property acquired during the existence of the marriage relationship, and the husband or wife shall bear the debts externally. If the third party is aware of the agreement, the property shall be settled by the husband or wife.
Article 41 [Common debts] At the time of divorce, the debts originally borne by the spouses common life should be repaid together. If the common property is insufficient to pay off, or if the property is owned by them, the two parties shall settle it by agreement; if the agreement fails, the people s court shall make a judgment.
(1) Debts of the husband and wife for the common life of the family. Such as the debts for the purchase of common living supplies; the debts for the purchase and decoration of the common housing: the debts for the medical expenses of one party .
(2) Debts for the expenses of education and training of one or both of the husband and wife; The debts of the husband and wife engaged in legitimate cultural, educational, entertainment activities, sports activities, etc., are common debts of the husband and wife; in order to pay the necessary social interaction The cost of debt.
(3) The husband and wife are engaged in production, investment and management together, and it also includes the situation in which the husband and wife are engaged in production and business activities, but the benefits are shared by the family. The spousal agreement stipulates debts for common debt. The husband and wife determine the debt that is shared by the husband and wife, and even if the benefits brought by the debt are not shared by the marriage, they should be included in the husband and wife joint debt.