If one spouse fails to repay the loan, the bank may sue both parties together.

If one spouse is sued for debt, the other spouse may be implicated. If the debt owed is a joint debt between husband and wife, both spouses must bear the responsibility for repayment. If the debt is borne by one spouse in his own name and exceeds the daily needs of the family, it is not a joint debt of the couple and will not implicate the spouse.

The joint debts of husband and wife are mainly debts arising from the needs of the husband and wife's family to live together, as well as the management, use, income and disposal of the joint property. Including the following aspects:

1. The property purchased by one party with a loan before marriage has been converted into the joint property of the husband and wife, and the debt incurred for the purchase of these properties;

2. The husband and wife Debts borne by the husband and wife for the common life of the family;

3. The husband and wife are both engaged in production. Debts borne by business activities, or debts borne by one party engaged in production and business activities, and the business income is used for family life or shared by the spouse;

4. One or both spouses have legal obligations for medical treatment and Debts incurred for medical treatment;

5. Debts incurred for raising children;

6. Debts incurred to pay for the education and training expenses of one or both spouses ;

7. Debts borne to pay for legitimate and necessary social interaction expenses;

8. Debts stipulated in the husband and wife agreement as the same debt;

9. Other debts that should be recognized as joint debts of husband and wife

Legal basis

Article 1 of the "People's Republic of China and Civil Code"

Article 1,064 Debts borne by both spouses with the same consent, such as signatures or subsequent ratification by one 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. Debts are joint debts of husband and wife. Debts borne by one spouse in his or her own name during the marriage relationship, which exceed the daily needs of the family, are not joint debts of husband and wife. However, the creditor can prove that the debt is used by the husband and wife. Except for those who live together, produce and operate together, or based on the consent of both husband and wife.