The wife shall bear the responsibility for repayment \x0d\x0d\ the Supreme People's Court's explanation on some issues concerning the application of the Marriage Law of the People's Republic of China (II) \ x0d \ Article 23 stipulates that if a creditor claims rights against the debtor's spouse for personal debts incurred before marriage, the people's court will not support it. But the creditor can prove that the debt is used for married families to live together. There is a clear boundary between husband and wife debt and personal debt, and there are obvious differences in scope and repayment methods. \x0d\ According to the provisions of Article 17 of "Several Specific Opinions of the Supreme People's Court on Handling Property Division by People's Courts", the personal debts of one spouse cannot be regarded as joint debts of husband and wife under the following circumstances, and should be treated as personal debts, which shall be paid off by one spouse with personal property: \x0d\ (1) The debts agreed by both spouses shall be borne by individuals, but the purpose is to avoid debts. \x0d\ (2) Without the consent of the other party, one party subsidizes the debts incurred by its relatives and friends who have no obligation to support; \x0d\ (3) One party raises funds to engage in business activities without the consent of the other party, and its income is not used for debts incurred by * * * *; \x0d\ (4) Other debts that should be borne by individuals. Husband and wife's debt is generated to maintain family life, which should be shared by both husband and wife and repaid with their property; If the property of husband and wife is insufficient to repay, it shall be repaid with the personal property of husband and wife. Personal debts of one spouse shall be paid off by one spouse with personal property. If it is recognized as a personal debt, the creditor may not ask the other party to repay it. \x0d\ According to the provisions of Paragraph 3 of Article 19 of the Marriage Law and Article 24 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II) (hereinafter referred to as Interpretation II), if a creditor claims rights for debts incurred by one of the spouses in his own name during the marriage relationship, it shall be regarded as debts of 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. Judging from the provisions of Article 24, China has adopted the judgment standard of taking the occurrence time of the debt as the principle and taking the special agreement as the exception, that is, during the existence of the marital relationship, the debt incurred by one party in its own name should be recognized as the same debt as long as there is no situation that the creditor and the debtor explicitly agree to be personal debts or the creditor knows that the property acquired by the husband and wife during the existence of the marital relationship belongs to each other. \x0d\ According to Article 41 of the Marriage Law, whether the debts of husband and wife are the same should be judged by whether they are used for the common life of husband and wife.