Abstract：The core value of Chinese cultural tradition lies in the“family，”although in middle of rising individualism， the social functions of families are greatly reduced． However，marriages and families are still units that have strong ethical and emotional characteristics． Individualism and familism are still two needed propositions in modern China． Balancing these two propositions， the Chinese marriage law should adopt both“presumption theory”and“purpose theory”to construct reasonable presumptive norms on joint debts for couples． At the same time， it should incorporate a design of normative language that takes into account the objective burden of proof， easing judges'tasks in allocating the risks when evidence is indecisive．
