Legal analysis
(1) If the husband's loan is used for the daily life of the husband and wife's family, the debt belongs to the husband and wife's joint debt. After the death of the husband, the wife shall be liable for the joint debts of the husband and wife during the marriage relationship.
(2) if the husband's loan is not used for the daily needs of the husband and wife's family, it does not belong to the husband and wife's debt. For example, if the husband engages in illegal and criminal activities such as drug abuse and gambling by borrowing money, and the creditor claims that the debt belongs to both husband and wife, the people's court will not support it.
(3) If the husband's loan is not used for the daily needs of the husband and wife's family, nor for the production and operation of the husband and wife, it does not belong to the husband and wife's debt. However, when the wife ratifies or likes to borrow afterwards, the wife and husband's signature belongs to the husband and wife's debt. After the husband's death, the wife should bear the obligation to pay off the loan.
In principle, after the husband's death, the wife bears the obligation to repay the loan that belongs to the husband and wife, and is not responsible for the loan that does not belong to the husband and wife. Whether it belongs to the same debt of husband and wife depends on whether the debt is signed by husband and wife, whether it is ratified by the wife, whether it is used for the daily life of husband and wife, and whether it is used for the same production and operation of husband and wife. If so, the husband and wife are in debt together. If not, it's not that husband and wife are in debt together.
legal ground
People's Republic of China (PRC) Civil Code
Article 1064 The debts incurred by both husband and wife for the same signature or by one party afterwards, and the debts incurred by one party in his own name for the daily needs of the family during the marriage relationship, belong to the same debt of 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.
The Supreme People's Court's Interpretation on the Application of Marriage and Family in the Civil Code of People's Republic of China (PRC) (I)
Article 33 The people's court shall not support the creditor's claim against 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.
Article 34 If a husband and wife collude with a third person to fabricate a debt, and the third person claims that the debt is a joint debt of the husband and wife, the people's court will not support it.
The people's court will not support the debt incurred by one party due to illegal and criminal activities such as gambling and drug abuse, and the third party claims that the debt is the same debt for husband and wife.
Article 36 If one of the spouses dies, the surviving spouse shall be liable for the debts incurred during the marriage relationship.