20 18 65438+ 10/7 the Supreme People's Court issued "the Supreme People's Court's interpretation on relevant issues concerning the application of law in the trial of cases involving marital debt disputes". According to this regulation, the basic logic of determining that husband and wife have debts is: if husband and wife have the meaning of * * * *, they have debts. There is no clear expression of * * *, but it is presumed that husband and wife have * * * expression of meaning within the scope of family agency; If it is impossible to infer whether the interesting loan between husband and wife belongs to husband and wife's * * * debt, it shall be subject to whether it is used for husband and wife's * * * life and * * * production and operation, that is, the negative debt that one of the husband and wife needs for family daily life in his own name is recognized as husband and wife's * * * debt. So, how to identify the "daily needs of families"? According to the survey data of the National Bureau of Statistics, the household consumption of urban residents in China is mainly divided into eight categories: food, clothing, household equipment and articles. The scope of family daily needs can be determined by referring to the above eight categories of family consumption and according to the living conditions and general social habits of both husband and wife. Quote online jokes to express: husband and wife * * * with signature = * * * with debt; The wife later admitted to ratification = * * * with debt; Husband borrows money to buy food, clothes, and see a doctor at home. = * * * Same debt; When the husband borrows money in the name of doing business, the lender needs to prove that it is for family use, but the lender can't prove that it is for family use, and the wife doesn't pay back the money.
Legal basis:
Article 1 of the Supreme People's Court's Interpretation on Relevant Issues Concerning the Application of Law in the Trial of Husband and Wife Debt Disputes.
Debts incurred by both husband and wife with the same signature or by one of them with the same intention after ratification shall be recognized as debts with the same intention of both husband and wife.
Article 2 of the Interpretation of the Supreme People's Court on Relevant Issues Concerning the Application of Law in the Trial of Husband and Wife Debt Disputes.
During the marriage relationship, the people's court shall support the debts incurred by husband and wife in their own names due to the daily needs of the family, and the creditors claim their rights on the grounds that they belong to the same debt of husband and wife.