Legal Subjectivity:
If a couple borrows money from other parties after divorce for the purpose of living together, they must both bear the responsibility. If it can be proven that the loan is a debt borne by one party, It is borne by the debtor. In the event of divorce, the husband and wife's joint debts must be repaid jointly. If the property of the two parties is insufficient to repay or the property belongs to each other, the parties shall agree to repay the repayment; if the agreement fails, the People's Court shall make a judgment. The law is objective:
Article 78 of the "Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the People's Republic of China and the Civil Code (1)" before marriage. If the property is used to pay the down payment and a bank loan is obtained, and the joint property of the couple is used to repay the loan after marriage, and the real estate is registered in the name of the party who paid the down payment, the real estate will be handled by agreement between the parties during divorce. If an agreement cannot be reached in accordance with the provisions of the preceding paragraph, the people's court may rule that the real estate belongs to the party who registered it, and the unpaid loan shall be the personal debt of the party who registered the real estate. The amount paid by both parties to repay the loan and the corresponding increase in property value after marriage shall be compensated by the party who registered the real estate to the other party in accordance with the principles stipulated in paragraph 1 of Article 1087 of the Civil Code upon divorce. .