Before divorce, the husband's loan is generally less than the joint debt of husband and wife. However, if the creditor or debtor can provide relevant evidence to prove that the debt is based on the common intention of both husband and wife, or is used for the common life and production and operation of husband and wife, it shall be recognized as the joint debt of husband and wife according to law.

legal ground

Article 1064 of the Civil Code of People's Republic of China (PRC)

Debts jointly signed by husband and wife or ratified by one party afterwards, as well as debts incurred by one party in his own name for the daily needs of the family during the marriage relationship, belong to the joint debts of husband and wife.

The debts incurred by one of the husband and wife during the marriage relationship in their own name beyond the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt is used for the husband and wife's common life, joint production and operation, or based on the common meaning of both husband and wife.

Article 1089

At the time of divorce, the joint debts of husband and wife are paid by both parties. If the joint property is insufficient to pay 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.