If two people break up and divorce, the debt still needs to be paid by both husband and wife. However, if the husband and wife negotiate, they can also be repaid by one of them.
3. If the party who buys a house after divorce is unable to pay the house loan, the bank still has the right to recover from its spouse. After the party that has not obtained the house repays the house loan to the bank instead of the other party, the compensation party may claim compensation from the other party. In other words, for the outside world or for the bank, the debtor is still both parties, and the bank can recover from either party. However, the ownership of property and how to share debts can be agreed within husband and wife, but it only takes effect between husband and wife and is not allowed to confront creditors. If the bank claims the creditor's rights from the party who agreed not to share the debt, the party may recover from the other party.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 1076 If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.
The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.
Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.
When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.
In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.