The same debts of husband and wife mainly include: first, debts owed by giving the same meaning, such as debts signed by both parties or ratified by one of the husband and wife afterwards. The second is the debts incurred by both husband and wife for the daily needs of the family. Third, the debt incurred by one of the spouses exceeds the daily life of the family, and it can be proved that the debt is used for the joint life of the husband and wife, the joint operation of the husband and wife, or based on the agreement of the husband and wife.
Because the loan is for * * * to buy a house together, which belongs to the daily life of the family and the common life of husband and wife, this debt belongs to the joint debt of husband and wife, and generally needs to be shared by * * * when divorcing.
Is there a clear agreement on the debts of husband and wife during divorce? If the divorce agreement stipulates that the wife will pay back the money, the agreement is only binding on both parties, not the creditors. That is to say, in the case of husband and wife's debt, if the creditor asks you to pay off the debt and claim the creditor's rights from either party, then you should also bear all the repayment obligations. After one party undertakes the repayment obligation, it can recover from the woman based on the divorce agreement.
Relevant laws and regulations
Article 1064 of the Civil Code: The debts incurred by both husband and wife with the same signature or by one party with the same meaning afterwards, and the debts incurred by one party in his own name for the daily needs of the family during the marriage relationship, belong to the same debts of 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 35 of the Interpretation of the Civil Code on Marriage and Family: If the divorce agreement of the parties or the effective judgment, ruling or conciliation statement of the people's court has dealt with the division of husband and wife's property, the creditor still has the right to claim rights from both men and women for the same debt of husband and wife.
After the husband and wife jointly bear the debts, if one party claims that the other party should bear the corresponding debts according to the divorce agreement or the legal documents of the people's court, the people's court shall support it.