Who will bear the husband and wife loan after divorce?
1, pre-marital debt of husband and wife
The people's court shall not support the creditor's claim to the debtor's spouse for the personal debt incurred by one party before marriage. But the creditor can prove that the debt is used for married families to live together. Therefore, in principle, pre-marital debt belongs to personal debt and is borne by the debtor personally. However, if the creditor can prove that the debt is used for the common life of the family, it should be regarded as the husband and wife in debt.
2. What are the debts of both parties during the relationship between husband and wife?
At the time of divorce, both husband and wife should bear the same debts. * * * If the same property is not paid off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment. It can be seen that the debts incurred by husband and wife in the same life at the time of divorce are legal debts, and both husband and wife should bear the obligation to repay. If the same property is not enough to pay off debts, both parties shall determine it through consultation; if negotiation fails, the court shall determine their respective proportions. However, it should be pointed out that the agreed settlement and judgment commitment here are only binding on both husband and wife, and cannot be against a third person. That is to say, if the debtor sues for repayment obligations, it should still be regarded as the same debt, and the spouse who actually undertakes repayment obligations has the right to ask the other party to share the corresponding share according to the agreement or court judgment.
Legal basis:
The Supreme People's Court's explanation on the application of law in the trial of husband and wife debt disputes
Article 1 The debts incurred by the husband and wife with the same signature or the same intention after ratification shall be regarded as the same debts of the husband and wife.
Article 2 During the marriage relationship, the people's court shall support the creditor's claim on the grounds that the husband and wife are in the same debt because of the daily needs of the family.