[Direct answer]In the Beijing area, when getting a divorce, it is the couple's joint debts that need to be dealt with, not all debts. Article 1064 of the Civil Code of the People's Republic of China stipulates that joint debts of a couple include: debts signed by both spouses or debts subsequently acknowledged by one spouse; debts incurred by one spouse in the name of the family for daily living needs during the marriage. Debts incurred by one spouse in the name of the family beyond daily living needs do not belong to joint debts, unless the creditor can prove that they are used for the couple's common life, joint production and operation, or based on a common expression of intent. Joint debts shall be repaid by both parties jointly. If the joint property is insufficient to repay the debts or the property belongs to each party separately, the parties shall reach an agreement or the court shall make a judgment. Personal debts shall be borne by the borrower himself, and the spouse does not need to repay them. The key to identifying joint debts lies in the purpose and the common intention, and the burden of proof lies with the party claiming joint debts.

1. Problem background and typical scenarios

There are often two extremes when it comes to divorce: one is to attribute all the other party's debts to oneself, and the other is to believe that divorce will solve all problems and free one from any further debt obligations. Typical scenarios include: one party has been engaged in business and borrowed money for a long time, and the creditor demands that the couple repay the debt together after divorce; one party borrowed money for family purchases, medical treatment, or children's education, but the other party claims it has nothing to do with them; loans signed by both spouses or those subsequently acknowledged by one party are recognized as joint debts. When handling such cases in Beijing, the court will consider factors such as the purpose of the loan, whether the amount exceeds daily needs, and whether the family benefited from it, rather than simply determining joint debts based on the marital relationship.

II. Key points of contention

First, how to define the scope of "daily household needs" and whether the amount is crucial. Second, the criteria for determining "joint debt and joint signature" and subsequent ratification. Third, the burden of proof when creditors claim joint debts. Fourth, the handling of debts incurred by one party for personal extravagance or gambling. Fifth, whether the agreement on debt sharing in a divorce agreement or judgment can be used against creditors. These five issues are interrelated and directly affect whether spouses need to bear repayment responsibilities.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once handled a foreign-related divorce case and successfully mediated a settlement: Ms. Zhang and Mr. Liu registered their marriage in 1991. Both of them were foreign nationals and had lived in Beijing for a long time. Later, the marriage broke down due to the man's infidelity. The two parties had reached an agreement on the dissolution of the marriage and the division of property, but as both were foreign nationals, the domestic civil affairs departments could not handle the divorce registration. The lawyer, in accordance with the Civil Procedure Law of the People's Republic of China and relevant judicial interpretations, confirmed that the two parties had a habitual residence in China and that Chinese courts had jurisdiction. The lawyer assisted in preparing materials such as identity certificates, marriage certificates, and property ownership certificates. The lawyer comprehensively sorted out the real estate, deposits, financial products, and pension memberships under the names of both parties, and proposed a plan that the property under their names would belong to them respectively, and the debts under their names would be borne by them respectively. Through mediation conducted by the court, the two parties voluntarily reached a mediation agreement, dissolved their marriage, and confirmed the ownership of their respective properties and the assumption of debts. This case shows that the handling of debts should be fixed in the process together with the ownership of property to avoid future disputes. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, sort out all the debts under the names of both parties and distinguish between joint debts and personal debts; Second, verify the purpose of the loans and collect loan contracts, transfer records, and household expenditure vouchers; Third, the party claiming that the debt is not a joint debt should focus on providing evidence that the debt was not used for common living, or that the debt was not signed or acknowledged jointly; Fourth, specify the ownership of the debt in the divorce agreement and be aware that the agreement cannot be used against bona fide creditors; Fifth, actively defend against the creditor's lawsuit against both parties to avoid defaulting. Legal basis: Articles 1064, 1065, and 1089 of the Civil Code of the People's Republic of China (all effective from January 1, 2021), and the relevant provisions of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (effective from January 1, 2021). For matters involving debt confirmation and enforcement, please refer to the relevant provisions.Creditor's rights and debts, and enforcementServices. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, not all debts need to be repaid together. Personal debts and joint debts should be considered separately. Secondly, whether the debts are used for family daily life and whether the family benefits from them is the core criterion for determination. Thirdly, if the creditor claims that the debts are joint debts, the burden of proof lies with the creditor. Fourthly, if the divorce agreement stipulates that the debts belong to one party, it is only effective between the spouses and cannot automatically be used against the creditor. Fifthly, when being sued together, one should actively defend oneself and provide evidence, as the risk of defaulting is the greatest. For matters involving divorce property and family affairs, one can seek legal advice through relevant channels.Divorce litigation and family disputesThe service provides a comprehensive solution, which involves the integration of corporate debt and business operationsBusiness and contract disputes in enterprisesFor reference, you can check the sections related to finance and cross-border debt\nFinancial capital and cross-border transactions involving foreign entitiesFor other complex creditor-debtor issues, please consult us for adviceSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Do I still have to pay back the debt owed by the other party after the divorce?

See if it belongs to the couple's joint debt. Debts signed by both spouses, acknowledged by one spouse after the fact, or debts incurred for the needs of daily family life are considered joint debts. Debts incurred by one spouse in excess of daily needs and not used for common living or joint operation are considered personal debts, and the spouse does not bear any responsibility for them.

Q2: How to determine whether it exceeds the needs of daily life at home?

There is no fixed amount standard. The court will make a comprehensive judgment based on the family's income level, local consumption level, the purpose of the loan, and the family's asset situation. A single large amount, which is obviously beyond the family's normal expenses and is not used for family common affairs, is usually not recognized as a joint debt.

Q3: Is it valid if the divorce agreement stipulates that the debts belong to one party?

It is effective between spouses and can be used as a basis for internal recourse, but it cannot be used against bona fide creditors. In the case of joint debts, creditors can still claim against both parties; if one party assumes a share exceeding the agreed amount, they can seek recourse from the other party in accordance with the agreement.

Q4: If one party gambles and squanders the money owed in debt, do both parties have to share the responsibility for it?

No. Debts incurred from illegal activities such as gambling are not protected by law and are considered debts arising from an individual's improper behavior, so spouses do not need to bear them. Debts incurred by one party for personal extravagance, which are not used for the family's common life, are also considered personal debts.

Q5: Can I still sue someone after the court has ruled on the division of debts?

For debts that have already been settled, they will generally not be settled again. If new joint debts are discovered after the divorce or if one party conceals debts, the newly discovered portion may be claimed separately. If a party disagrees with the judgment that has taken effect, they should resolve the matter through appeal or request for a retrial within the statutory time limit.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.