If the debt owed during separation is the personal debt of one party, the other party does not need to repay it, because the debt of one party is repaid by the individual in accordance with the law; but if the debt is used for the husband and wife to live together,* If the debts are jointly produced and operated by both husband and wife, or based on the mutual consent of the husband and wife, the debts belong to the same husband and wife, and the debts cannot be repaid.

Legal basis

Article 1064 of the "People's Republic of China and Civil Code"

Both husband and wife must have the same signature or the husband and wife must Debts borne by one party after the other party ratifies the consent of the spouse, as well as debts borne by one spouse in his or her own name for the daily needs of the family during the marriage, are joint debts of the spouses.

Debts borne by one spouse in his or her own name during the marriage, which exceed the daily needs of the family, are not joint debts of the couple; however, the creditor can prove that the debt is used for the joint purpose of the couple. Exceptions include life, sex, production and operation, or based on the consent of both spouses.

Article 1089

In the event of divorce, the husband and wife's debts shall be repaid jointly. If the property of the two parties is insufficient to repay or the property belongs to each other, the two parties shall agree to repay the repayment; if the agreement fails, the People's Court shall make a judgment.