Legal basis: Article 1064 of the Civil Code of People's Republic of China (PRC) * * * The debts incurred by the husband and wife with the same signature or ratified by one of them afterwards, and the debts incurred by one of them in his own name for the daily life of the family during the marriage relationship, belong to the same debts 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.
Interpretation of the Supreme People's Court on the Application of Marriage and Family Organization (I) Article 34 If a husband and wife collude with a third person to fabricate debts, and the third person claims that the debts are the same as those of the husband and wife, the people's court will not support them.
The people's court will not support the debt incurred by one party due to illegal and criminal activities such as gambling and drug abuse, and the third party claims that the debt is the same debt for husband and wife.