According to the relevant laws and regulations of our country, the debts owed by the wife belong to the husband and wife. When the wife is unable to repay, the husband should bear the responsibility of repaying the debts, and the debts owed by the husband should be repaid by the property.

People's Republic of China (PRC) Civil Code

Article 1064 Debts of Husband and Wife * * * Debts that one of the spouses has the same signature or ratified afterwards, and debts that one of the spouses bears for the daily needs of the family in his own name 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.

Article 1089 At the time of divorce, husband and wife shall pay off their debts. At the time of divorce, husband and wife should jointly pay off their debts. * * * 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.

How to distinguish between husband and wife debt and personal debt in divorce?

First of all, the debts of husband and wife are the same if they meet the following conditions:

1, generated during marriage.

According to the current regulations, it should be a debt generated after marriage registration according to law. If the two parties live together without a license, because it is difficult to identify the de facto marriage at present, it is not a debt arising during the marriage relationship, but may be identified as a cohabitation debt.

2. For couples with living needs.

If the husband and wife borrow money for their own use, such as a huge sum of money for plastic surgery, then it cannot be considered as satisfying the husband and wife's common life, but it will be considered as the husband and wife's personal debt.

However, if one of the spouses borrows money before marriage and the husband and wife live together after marriage, it is also a couple's debt.

Secondly, the following situations are personal debts of husband and wife:

1, debts incurred before marriage was established.

Note that if one party borrows money before marriage and the husband and wife live together after marriage, it belongs to husband and wife debt.

2. The debts incurred after the establishment of the marriage relationship are agreed by both parties as personal debts.

However, during the marriage relationship, the agreement is a personal debt, and the agreement made by both parties based on the true meaning is valid for both husband and wife, but it does not confront the third party, that is, the creditor.

However, in the following two cases, it will be recognized as a personal debt of husband and wife:

(1) agreed with creditors as personal debts of husband and wife;

(2) When establishing a debt relationship with the creditor, the other party is aware of the marital property agreement.

The above knowledge is Bian Xiao's answer to relevant legal questions. According to the relevant laws and regulations of our country, the debts owed by the wife are the same as those owed by the husband and wife. When the wife is unable to repay, the husband should bear the responsibility of repaying the debts, and the debts owed by the same property should be repaid by the same property.