The main differences between husband and wife's personal debt and husband and wife's debt are: whether this debt is a debt to meet the needs of husband and wife, and if the creditor knows that this debt is not a debt to meet the needs of husband and wife, it is a personal debt; If this debt is to meet the needs of husband and wife, it is the debt of husband and wife. In short, judging the nature of debt depends on the purpose.
China's Civil Code also clearly stipulates the criteria for determining the debts of husband and wife, which are mainly divided into the following three levels:
First, because husband and wife have the same meaning, debt is the same for husband and wife. It can be signed in advance in the form of * * *, or ratified by one party afterwards. For the * * * debt * * sign, it can protect the interests of the other spouse in the disposal of the family's major property interests, respect their right to know and consent, and also minimize the probability of disputes afterwards. As for the way of ratification afterwards, it can be in written form, or it can be judged by telephone recording, SMS, WeChat, email, etc.
Second, the debts incurred for the needs of daily family life are the same for husband and wife. This kind of debt mainly belongs to the daily family agency category, which is generated based on the marital relationship in the process of husband and wife living together, and generally includes normal food and clothing, children's upbringing and education funds, alimony for the elderly, medical expenses for family members and so on. For the debts of husband and wife, both husband and wife should bear joint and several liability.
Third, the creditor can't prove that the debt that exceeds the daily needs of the family is used for the life of the husband and wife, the production and operation of the husband and wife, or because the husband and wife have the same meaning, it does not belong to the same debt of the husband and wife. During the marriage relationship, the husband and wife will form other creditor-debtor relationships with the third party, such as large loans, gifts, real estate sales and so on. In addition, there are daily household debts arising from the exercise of daily household agency rights. In order to protect the legitimate rights and interests of the debtor's spouse, the law clearly stipulates that the debt incurred in this case does not belong to the joint debt of husband and wife in principle, except that the creditor can prove that the debt is used for the joint life of husband and wife.
legal ground
People's Republic of China (PRC) Civil Code
Article 1064 Debts of Husband and Wife * * * Debts with the same signature or ratified afterwards by one of the spouses, and debts incurred by one of the spouses in his own name for the daily needs of the family during the marriage relationship belong to the same debt of the 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.