Legal analysis
Husband and wife debt refers to the debt incurred to meet the needs of husband and wife. Husband and wife's debts are mainly based on the needs of husband and wife's family living together, as well as debts arising from the management, use, income and disposal of * * * property. The debt of husband and wife is the debt owed by both husband and wife or one of them to a third person during the marriage relationship. According to the relevant regulations, the debts owed by both husband and wife should be recognized as * * * debts if they are signed by both husband and wife or one of them ratifies afterwards. The debts incurred by husband and wife in living together refer to the debts incurred by husband and wife in order to maintain normal family life and family expenses, including clothing, food, housing, transportation and education. In daily life, it mainly includes: debts incurred in purchasing daily necessities; Debts arising from the purchase, decoration and sharing of houses; Debts incurred by one or both spouses for paying medical expenses for treating diseases; Responsibilities arising from cultural, educational, recreational and sports activities agreed by both parties; The debts incurred for the purchase of property if the property such as housing purchased by one party with a pre-marital loan has been converted into the joint property of husband and wife; And the remaining debts that both parties should bear in daily life.
legal ground
Article 1064 of the Civil Code of People's Republic of China (PRC) * * * Debts incurred by both husband and wife with the same signature or later ratified by one of the husband and wife, and debts incurred by one of the husband and wife in his own name for the daily life of the family during the marriage relationship belong to the same debt of the husband and wife. Debts incurred by one spouse in his own name during the marriage relationship that exceed the needs of family daily life are not joint debts of husband and wife; However, the creditor can prove that the debt is used for the husband and wife's life, production and operation, or based on the same meaning of both husband and wife.