Nowadays, many people borrow money and are unable to repay it, and creditors think that the money is a joint debt of the husband and wife, and demand that the debtor's spouse repay it, which leads to a lot of disagreements.
1. In principle, it is recognized as a personal debt.
In general, if only one person signs, the spouse does not approve it. In principle, the probability is personal debt, of course, this criterion is not absolute, if it meets the circumstances stipulated in the judicial interpretation. In many cases, even if they are not signed, they are joint debts.
Second, whether it is a joint debt of the husband and wife is mostly subject to the court's decision.
Because the creditor and the debtor's spouse have a dispute over the nature of the debt, there is generally a high probability that the court needs to make an intermediate judgment to see whether the debt is a personal debt or a joint debt of the husband and wife.
Third, the division of debts in the event of divorce cannot affect creditors.
No matter how the husband and wife characterize and divide the debt, it cannot affect the creditor, except for the express consent of the creditor. Of course, for couples themselves, in principle, it is valid.
Fourth, it is advisable for joint debts to be signed.
Otherwise, the burden of proof will be heavier in the later stage as to whether it is a joint debt of the husband and wife, and the judgment result may not be favorable to the creditor.