If there is no other agreement before marriage, the property acquired after marriage is the joint property of the couple, so the debt in marriage should also be the joint debt of the couple. But you know what? After marriage, some debts can be Shared without husband and wife, so you should be cautious about lending money to one spouse.

The original stipulation of the marital debt problem

In general, the relationship between the spouse and the spouse shall be treated according to the common debts of the husband and wife. But there are exceptions:

1. The other party of the husband and wife can prove that the creditor and the debtor have explicitly agreed to the personal debt in advance, the debt can only be the personal debts of the spouse, which has nothing to do with the other party.

2, the property obtained during the existence of marriage husband and wife agree to individually own their property, the husband and wife side of foreign debt, the third person know the conventions, with all the property settlement of a surviving spouse, has nothing to do with the other party.

New supplementary provisions on the marital debt problem

The supreme people's court about apply the marriage law of the People's Republic of China (2) the supplementary provisions of the explanation of some issues is a problem for the debt of the both sides of husband and wife of further clear, on March 1, two additional new rules are:

(1) the people's court shall not support the people's court in the case of collusion with the third party, fictitious debts and rights of the third party.

Couples a malicious collusion with a third party, fictitious debt transfer property, or from a surviving spouse signed with a third party, but not borrowed money to couples living together and even disappeared, the third party requests a couple of the other party to repay the debt, the other party may refuse to pay.

2. The people's court shall not support the party in the case of a party engaged in gambling, drug abuse and other illegal activities.

Couples a party in the case of the other party is not informed, to participate in criminal activities such as gambling, drug use and the borrower, the creditor request the other party to pay off debt, the other party shall have the right to refuse, because the court does not support the couple take this debt for illegal reasons.

In this way, the law is a bit cold and heartless, but these laws are only tools to resolve disputes, not to guide or ask you to do so. If you think about the debt you have to carry on your divorce, you will understand that the law guarantees the rights of the people.