Does the spouse have to repay the debts owed by one of the partners?

If it is used for the couple's joint life or registered as joint property, it is usually regarded as a joint debt, and the spouse is required to repay it within the corresponding scope.

Can the house used to settle debts, which is registered under the spouse's name, be recovered by the creditor?

It can be argued that the debt corresponding to the share of the property is used for the common life, and a request can be made to confirm it as a joint debt of the couple.

How to prove that the debt was used for joint living expenses?

Transfer records, cohabitation, registration information, and business transactions can all be used as evidence.

Are the judgments of "joint repayment" and "joint and several liability" the same?

The scope is limited to the corresponding amount, and the court will order joint repayment within a specified amount.

Can the spouse be directly executed after the judgment of the previous case?

Generally, it is necessary to first litigate to confirm the couple's joint debts, and then apply for enforcement based on that.

Confirming the victory in the lawsuit regarding the couple's joint debts | Lawyer Li Yonghui from Beijing Henglu Law Firm successfully recovered more than 1.15 million yuan for his client

[Case Summary]This case is a lawsuit for the confirmation of the couple's joint debts arising from a partnership contract dispute. Liu * and Li * partnered to contract a project, and the house used to repay the debt was registered under the name of Li * and his wife Zhou *. Li *'s debt to Liu * stemmed from the couple's joint life. Liu * entrusted Beijing Henglu Law Firm to handle the case.Li YonghuiThe lawyer argued that the debt was a joint debt of Li * and Zhou *, and Zhou * should bear joint and several liability for repayment. The court confirmed that 1,154,425 yuan of the debt was a joint debt of the couple, and Zhou * should bear joint and several liability for repayment within the limit of 1,154,425 yuan. Legal provisions applied: Articles 1064 and 1089 of the Civil Code.

I. Review of the case

Creditors often search for phrases like "Are partnership debts considered marital joint debts?", "Does the spouse have to repay debts owed by one party?", and "How to recover debts when the house used to offset debts is registered under the spouse's name?". Liu * and Li * partnered to contract projects since 2014. On January 18, 2019, the settlement was made: the project funds for the Harbin project were offset by a house in Tangshan No. 05 with a value of 2,408,850 yuan by a Beijing-based joint-stock company. Li * and Wang Wenqiang each owned 50% of the house. Liu * requested that the online signing be in both their names, but Li * secretly registered the house under the names of Li * and his wife, Zhou *.

Previously, Liu * had sued Li * to pay the partnership project funds, and the court ruled that Li * should pay 1879970.73 yuan. Since the debt was formed due to the house owned by Li * and Zhou *, and the project funds were used for their joint life, and Liu * had transferred money to Zhou * many times during the partnership, Liu * claimed that the debt was a joint debt of the couple and entrusted someone to handle the case on his behalf.Li YonghuiThe lawyer requested that Zhou * assume joint and several liability for the debt.

II. The focus of the case

Focus 1: Whether the debt involved in the case belongs to the couple's joint debt.Although the debt was incurred in Li's personal name, was it used for the couple's joint life?
Focus II: Whether Zhou * should bear joint and several liability for repayment and the scope of such liability.When using a house as collateral for a debt, if the house is registered under the names of both spouses, does the corresponding share of the house become a joint debt?

III. Professional intervention by Hengluo Law Firm

The plaintiff (Liu * ) claimed that:Li * registered the house used to "settle the debt with the house" under his and Zhou *'s names, with each party holding a 50% share as agreed. Li * used the 1,204,425 yuan he owed for the house in their marital life. Therefore, this debt should be considered a marital debt, and Zhou * should repay it jointly with Li *.

The defendant (Zhou *) argued that:The debt is Li's personal partnership debt and has nothing to do with him, so he should not bear the responsibility for repayment.

Legal Opinion by Hengluo Law Firm:Li YonghuiThe lawyer submitted evidence such as the marriage registration, the agreement on offsetting debts, and the first-instance judgment, pointing out that Li * and Zhou * registered their marriage in 2014, and the partnership project funds were used for their joint life. Liu * transferred money to Zhou * multiple times. Li * registered the offsetting house worth 2,408,850 yuan under the couple's name, using the 1,204,425 yuan debt she owed to repay her debts and for the couple's joint life. According to Articles 1064 and 1089 of the Civil Code, if a party incurs debts in his or her own name during the marriage for purposes beyond the family's daily living needs and uses them for the couple's joint life, such debts shall be deemed joint debts of the couple.

IV. Outcome of the case

The court accepted it.Li YonghuiAttorney's opinion and judgment: It is confirmed that the 1,154,425 yuan (1,204,425 yuan minus 50,000 yuan) of Li *'s debt to Liu * determined in the previous case is a joint debt of Li * and Zhou *; the defendant, Zhou *, shall bear joint repayment responsibility for the debt of Li * confirmed in the previous case within the scope of 1,154,425 yuan. This provides a basis for the creditor of the partnership to require the spouse to repay the debt in the execution process.

5. Henglu Law Firm's Advice

This case is handled by Beijing Henglu Law Firm.Li YonghuiThe lawyer (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent. Whether the partnership debt involves the spouse depends on whether the debt is used for the couple's common life and whether it is registered as joint property. Creditors should pay attention to keeping evidence of transfers, registrations, and common life, and, if necessary, confirm the couple's joint debts through litigation and apply for enforcement.

VI. Common Questions About Marital Joint Debts FAQ

Q: Does the spouse have to repay the debts owed by one of the partners?
A:If it is used for the couple's joint life or registered as joint property, it is usually regarded as a joint debt, and the spouse is required to repay it within the corresponding scope.
Q: Can the house used to settle debts, which is registered under the spouse's name, be recovered by the creditor?
A:It can be argued that the debt corresponding to the share of the property is used for the common life, and a request can be made to confirm it as a joint debt of the couple.
Q: How to prove that the debt was used for joint living expenses?
A:Transfer records, cohabitation, registration information, and business transactions can all be used as evidence.
Q: Are the judgments of "joint repayment" and "joint and several liability" the same?
A:The scope is limited to the corresponding amount, and the court will order joint repayment within a specified amount.
Q: Can the spouse be directly executed after the judgment of the previous case?
A:Generally, it is necessary to first litigate to confirm the couple's joint debts, and then apply for enforcement based on that.

More than 1.15 million yuan was confirmed as the couple's joint debt, and Li Yonghui, an attorney at Beijing Henglu Law Firm, won the lawsuit over the agency partnership contract dispute (joint repayment).