However, the second paragraph of Article 17 of the Supreme People's Court's Specific Opinions on Handling Property Division in the Trial of Divorce Cases stipulates that the following debts cannot be regarded as the same debts of husband and wife, and should be paid off by one party with personal property: 1, the debts agreed by both husband and wife as individuals, except for the purpose of avoiding debts;
2. Without the consent of the other party, one party subsidizes the debts of relatives and friends who have no obligation to support without authorization;
3. One party raises funds to engage in business activities without the consent of the other party, and its income is not used for debts incurred by * * * *;
4. Other debts that should be borne by individuals.
In short, as long as one or both parties are in debt with the same life, and the debt is also used for the same life, whether in the name of one party or both parties, and whether the other party knows or doesn't know, it should be considered as the same debt of husband and wife. On the other hand, the personal debt of husband and wife refers to the debt owed by one party before marriage and the debt unrelated to life after marriage; Or after marriage, the two sides agreed that the debt should be paid off by the individual. Common personal debts of husband and wife in practice include: debts owed by one spouse to satisfy personal luxuries; Without the consent of the other party, one spouse subsidizes the debts of relatives and friends who have no obligation to support without authorization; Without the consent of the other party, one spouse raises funds to engage in business activities separately, and his income is not used for debts incurred in the same life; Debts agreed by both husband and wife to be borne by individuals, except for the purpose of avoiding debts; Debts owed by one party before marriage and so on. So your aunt should not bear her husband's debts. The problem is that she needs to be able to prove it, so she suggests finding a better lawyer. Compared with the debt, the lawyer's fee is not much. Ask a lawyer to help collect evidence, find a way to handle divorce procedures. . If you don't find a good lawyer, in case the judge is partial to the creditors, it will be in trouble (and your aunt has no responsibility and obligation to raise her husband's illegitimate child, you can find a lawyer to help you sort it out)