Legal analysis

According to relevant laws and regulations, families do not have to bear joint and several liability for corporate loans. The company is an enterprise legal person, with independent legal person property and legal person property rights. The company is liable for its debts with all its property. As long as the company is not jointly established by husband and wife, if the husband borrows money and assumes the debts of the company, the creditor has the right to ask his wife to repay the debts and bear joint liability. Because this debt is shared by husband and wife, unless the wife can prove that both parties have clearly agreed that the debt belongs to the husband's personal debt. When a husband and wife divorce, if the original debt is borne by family life, it belongs to both husband and wife and should be repaid together. During the marriage relationship, if one of the husband and wife bears the debt in the name of an individual, when the debtor claims the rights, it will be treated as the debt of the husband and wife. However, if the other spouse can prove that the debtor and the creditor have clearly agreed that this is a personal debt, or can prove that it is outside the joint debt of husband and wife stipulated by the law, then the debt is not a joint debt of husband and wife, and the other spouse will not bear joint liability. During the marriage relationship, both husband and wife have agreed that their own property belongs to them, and the creditor knows this agreement, then the foreign debt of one husband and wife is clearly expressed by the property owned by the other, that is, the other party does not bear joint liability for the debt. To sum up, if it is only the husband or wife of a legal person, then there is no need to bear joint liability, but detailed evidence is needed to prove it.

legal ground

Article 3 of the Company Law of People's Republic of China (PRC) is an enterprise legal person, with independent legal person property and legal person property rights. The company is liable for its debts with all its property. Shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.