[Direct answer]In the Beijing area, if the other party secretly borrows money, whether you need to bear the responsibility depends on whether it constitutes a marital joint debt. According to Article 1064 of the Civil Code of the People's Republic of China, debts signed by both spouses or acknowledged by one spouse afterwards, as well as debts incurred by one spouse for the needs of daily family life, are considered joint debts. Debts incurred by one spouse in excess of the needs of daily family life in his or her own name do not constitute joint debts, unless the creditor can prove that the debts are used for the couple's common life, joint production and operation, or based on the couple's joint intention. If the other party conceals the borrowing and does not use the money for family purposes, the spouse generally does not bear responsibility. If the creditor sues, the spouse should actively defend the lawsuit and provide evidence that he or she did not sign the contract jointly, did not acknowledge the debt, and the family did not benefit from it. If you suspect that the other party forged the debt in an attempt to misappropriate property, you can claim a smaller share or no share of the property during the divorce.

1. Problem background and typical scenarios

One of the spouses engages in business or investment activities outside the home, or indulges in gambling, conceals debts from their spouse and relatives, and small loan companies. When the debts mature, the creditors either visit the couple's home or directly sue them, and even apply for the seizure of their jointly owned property, leaving the spouse unprepared. Typical scenarios include: one party borrows a large sum of money in their own name for their personal business and the income is not used for the family; one party colludes with others to forge IOUs in an attempt to dilute the family's assets during the divorce; one party suddenly "comes up with" multiple debts on the eve of the divorce litigation. The focus of the review of such cases by Beijing area courts is on the authenticity of the loans, their purpose, and whether the family has benefited from them, in order to avoid innocent spouses being implicated.

II. Key points of contention

Firstly, whether the debt raised by one party is a joint debt and how the burden of proof is allocated. Secondly, how to verify the authenticity of the loan and identify collusion-forged debts. Thirdly, the scope and amount limit of family daily life needs. Fourthly, whether the creditor can seize and execute the couple's joint property, and how the spouse can raise objections. Fifthly, the identification and legal consequences of forged and fictitious debts at the time of divorce. These issues determine whether the spouse needs to repay the debt and how to protect themselves.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once handled a divorce case involving marital infidelity and property debt disputes: The plaintiff and the defendant were married for many years and had children. After the first divorce lawsuit was denied, the plaintiff discovered that the defendant had been unfaithful during the marriage and therefore hired a lawyer to sue again. During the representation, the lawyer sorted out the joint debts item by item and, in response to the defendant's multiple debt claims, required him to provide loan contracts, transfer receipts, and usage certificates. The lawyer did not recognize those parts that could not be proven to be used for the couple's common life or joint operation. At the same time, the lawyer argued that the defendant violated the marital fidelity obligation and was the direct cause of the marital breakdown, claiming that the plaintiff, as the innocent party, should be given favorable treatment in the division of property and share the joint debts in accordance with the law. The court adopted the lawyer's opinion, determined that the defendant had committed major faults, granted the divorce, and divided the confirmed joint debts proportionally. It did not support the debt claims without sufficient evidence. This case reminds us that when facing the other party's borrowing or forging debts, it is crucial to verify the evidence item by item and distinguish their nature. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, sort out the family's income and expenditure and the financial transactions with the other party, and grasp the clues of debts as soon as possible; Second, actively defend against the lawsuit after being sued, clearly asserting that the debts are not joint debts and providing evidence; Third, require the creditor to prove that the debts are used for joint life, joint operation, or joint intention; Fourth, if fraudulent debts are discovered, collect evidence and claim that the other party should receive a smaller share or no share in the divorce; Fifth, if the joint property is sealed up, timely raise objections to the enforcement. Legal basis: Articles 1064, 1065, and 1092 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 issues involving creditor-debtor relationships 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, concealing debt does not equate to joint debt, and spouses do not need to pay for each other's personal extravagance. Secondly, actively responding to the lawsuit is the first step to protect oneself. Absence from the court may result in an unfavorable determination against you. Thirdly, forging debts not only fails to gain support, but also may lead to unfavorable consequences. Fourthly, if the creditor claims joint debt, they should bear the burden of proof. Fifthly, if you discover that the other party has borrowed a large sum of money, you should consult a lawyer as soon as possible to assess the risks. For matters involving divorce and family disputes, you can seek assistance through legal channels.Divorce litigation and family disputesThe service provides a comprehensive solution, which can be integrated with the debt management of the enterprise's operations.Business and contract disputes in enterprisesFor reference, please refer to the sections involving malicious collusion and criminal cluesCriminal defense and criminal case filingFor columns involving other complex creditor's rights and debt issues, please consult us for further assistanceSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: The other party borrowed money without telling me. Should I repay it?

See if it constitutes a joint debt of the couple. If you did not sign the contract together, did not ratify it afterwards, and the debt was not used for the family's daily life or joint production and operation, it generally does not constitute a joint debt, and you do not need to bear it; conversely, if it is used for the family's common life or joint operation, you may need to repay it together.

Q2: What should I do if the creditor sues me together with others?

Actively defend the lawsuit, claim to the court that the debt is the other party's personal debt, and submit evidence such as not signing the contract together, not ratifying it, and the family not benefiting from it. If the creditor claims that it is a joint debt, he/she shall provide evidence to prove that it is used for the couple's common life, common production and operation, or based on the couple's common intention.

Q3: How to identify if the other party has falsified the debt?

The authenticity of the loan, the actual flow of funds, the relationship between the lender and the borrower, and the time and form of the promissory note's formation can all be reviewed. If there are only promissory notes but no transfer records, if the lender cannot explain the source of the funds, or if the two parties are closely related, it is often difficult to gain credibility.

Q4: What are the consequences if the other party fabricates debts during the divorce process?

According to Article 1092 of the Civil Code of the People's Republic of China, if one party forges debts with the intention of appropriating the other party's property, the court may award a smaller share or no share to that party when dividing the jointly owned property. If the other party discovers such behavior after the divorce, the other party may file a lawsuit separately to request a second division of the property.

Q5: How should we deal with the situation where our jointly-owned property is sealed up by the court?

If the seizure is aimed at the other party's personal debt, and the property belongs to the couple's joint property, the party concerned may raise an objection to the enforcement during the enforcement stage, claiming to protect their own share of the property; at the same time, pay attention to the result of the debt nature identification, and, if necessary, clarify the share and responsibility through litigation.

The above answer is based on the judicial practice in Beijing. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglu 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 case of disputes, please consult a practicing lawyer in time.