According to the provisions of the Civil Code, only husband and wife must share the debt. The same debts of husband and wife mainly include: first, debts owed by giving the same meaning, such as debts signed by both parties or ratified by one of the husband and wife afterwards. The second is the debts incurred by both husband and wife for the daily needs of the family. Third, the debt incurred by one of the spouses exceeds the daily life of the family, and it can be proved that the debt is used for the joint life of the husband and wife, the joint operation of the husband and wife, or based on the agreement of the husband and wife.

Therefore, although the man will use the IOU for gambling, the IOU is a debt attached by the husband and wife and signed by two people. Therefore, in judicial practice, it will be considered that husband and wife are in the same debt. However, when the divorce is divided, the woman can ask the man to repay the debt. Although the creditor still has the right to ask both men and women to repay their debts, the woman can ask the man for compensation afterwards.

The daily life needs of families refer to the necessary daily consumption of families under normal circumstances, mainly including normal food and clothing consumption, daily necessities purchase, children's education, elderly support, cultural consumption and other expenses. Therefore, whether the debt signed by one spouse belongs to the daily expenses of the family, so it belongs to the same debt of the husband and wife, should be comprehensively determined by combining the debt size, family wealth, whether the relationship between husband and wife is peaceful, local economic level and trading habits, familiarity of both borrowers and borrowers, loan name, capital flow and other factors.

legal ground

Article 1064 of the Civil Code: The debts incurred by both husband and wife with the same signature or by one party with the same meaning afterwards, and the debts incurred by one party in his own name for the daily needs of the family during the marriage relationship, belong to the same debts of 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.