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: Article 1064 of the Civil Code of People's Republic of China (PRC) * * * The debts incurred by the husband and wife with the same signature or ratified by one of them afterwards, and the debts incurred by one of them in his own name for the daily life of the family during the marriage relationship, belong to the same debts of the 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.