Legal analysis: See whether the debt is used for husband and wife to live together. Only when it is used for living together, it needs to be distributed. 1. If the loan is unclear, it shall be treated as a joint debt of husband and wife. The exemption conditions for the corresponding debts of one spouse are: either an agreement has been made that the property belongs to the third party and the debts are borne by the third party, or the debts are not used for the married family to live together. If the creditor does not know the agreement on property between husband and wife, and the loan has indeed been used for married family life, it belongs to the joint debt of husband and wife, and both husband and wife should bear the responsibility for repayment. Second, the "unknown" debt should be borne by the joint debt of husband and wife. Although the debts incurred by a husband and wife in business cannot be recognized as joint debts of husband and wife, they can be paid off by one party, but it must be based on the premise that "one party raises funds for business activities independently without the consent of the other party, and its income is not used for debts incurred in common life".
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 1089 At the time of divorce, the joint debts of husband and wife shall be paid off jointly. 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.