Legal analysis: during the marriage relationship, if the creditor claims the rights of the debts incurred by one spouse in his own name, it should be treated as the same debt as the husband and wife. However, unless one of the spouses can prove that the creditor and the debtor clearly agreed to be personal debts, or can prove that it belongs to the circumstances stipulated in the third paragraph of Article 19 of the Marriage Law.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 1064 The debts incurred by both husband and wife for the same signature or by one party 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 debt 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 1065 A man and a woman may agree that the property acquired during the marriage relationship and the property before marriage shall be owned by themselves, wholly or partly, and partly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 1062nd and 1063rd of this Law shall apply. The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is legally binding on both parties. The husband and wife agreed that the property acquired during the marriage relationship should be owned by each other, and if the other party knows the agreement, the personal property of the husband and wife should be used to pay off the debts owed by the husband and wife.