The condition that the husband and wife are in debt is that the debt occurs during the existence of the husband and wife relationship, and the reason for the debt is for the daily use of the husband and wife.

Relevant laws and regulations:

Article 41 of the Marriage Law: At the time of divorce, the debts originally 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.