"the Supreme People's Court on the application of
Where a creditor claims rights for debts incurred by one of the spouses in his own name during the marriage relationship, it shall be regarded as debts of the spouses. However, unless one of the spouses can prove that the creditor and the debtor clearly agreed to be personal debts, or can prove that it belongs to the circumstances stipulated in the third paragraph of Article 19 of the Marriage Law.
If a spouse colludes with a third person to fabricate debts and the third person claims rights, the people's court will not support it.
The people's court shall not support the debts incurred by one party due to illegal and criminal activities such as gambling and drug abuse, and the rights claimed by a third party.
Extended data:
Under normal circumstances, the following debts do not belong to husband and wife debts, and should be recognized as personal debts.
1. According to the provisions of the Marriage Law, the husband and wife agree that the debt shall be borne by the individual, except those who evade the debt;
Two, without the consent of both husband and wife, to support the debts of their relatives and friends who have no obligation to support and support;
Three, without the consensus of both husband and wife, separate fund-raising to engage in economic activities, and the income is not used for debts arising from the same life;
Four, other personal debts, such as personal debts before marriage, debts arising from unreasonable expenses of one party.
Personal debts incurred during the marriage relationship, whether during the marriage relationship or after divorce, or the debtor's disappearance or death, are borne by the individual, and the other party has no obligation to pay off the debts. Of course, if the two parties later supplement the agreement, it will be implemented according to its agreement.
Baidu Encyclopedia-"the Supreme People's Court on application