Legal analysis: effective. At the time of divorce, the debts incurred by the husband and wife living together 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: Article 1089 of the Civil Code of People's Republic of China (PRC), in case of divorce, the husband and wife shall jointly pay off their 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.