[Direct answer]Look at the distribution of debt types. Article 1064 of the Civil Code of the People's Republic of China stipulates that debts incurred by the joint intention of both spouses, such as those signed by both spouses or those subsequently acknowledged by one spouse, as well as debts incurred by one spouse in the name of the family for daily living needs during the marriage, belong to the couple's joint debts; debts incurred by one spouse in the name of the family beyond daily living needs during the marriage do not belong to the couple's joint debts, unless the creditor can prove that the debts were used for the couple's common life, joint production and operation, or based on the joint intention of both spouses. That is to say, the burden of proof lies with the creditor for large-scale, non-daily borrowing; the spouse claiming that the debt does not belong to the joint debt only needs to raise a defense against the claim that the debt was not used for common life. Article 34 of the Interpretation of the Marriage and Family Chapter of the Civil Code of the People's Republic of China by the Supreme People's Court further clarifies that debts incurred by one party in illegal and criminal activities such as gambling and drug addiction shall not be supported by the people's court if a third party claims rights over them.

I. Problem Background and Typical Scenarios

When one spouse borrows money from others, the creditor often demands that the couple repay the debt together, and the party being sued often feels wronged. There are three typical scenarios: first, the spouse borrows money privately for personal consumption or investment, and the creditor sues to require both spouses to repay it together; second, there is a dispute over whether the loans made during the couple's joint operation of the business constitute joint debts; third, the debts incurred by the other party through gambling and high-consumption activities are packaged as normal loans and then claimed from the spouse. When handling such cases in Beijing, the court will first determine whether the debt falls into the scope of joint debts, and then allocate the burden of proof.

II. Key points of contention

First, what constitutes the daily needs of a family, and how should this standard be defined? Second, who should bear the burden of proof for expenses exceeding daily needs? Third, how should a joint intention be determined, and is retroactive approval valid? Fourth, how can it be proven that the loan was used for joint living or joint operation? Fifth, can debts incurred from illegal activities be claimed? Sixth, what are the legal consequences of failing to provide evidence? These six points are the focus of disputes in such cases.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers usually analyze cases at three levels. First, they determine the nature of the debt: Whether there are joint signatures, subsequent ratifications, or other expressions of joint intent. If these exist, the debt is directly recognized as a joint debt. Second, they examine the purpose of the debt: If the debt was incurred in the name of one party and was used for family daily needs (such as daily consumption, children's education, medical treatment, or mortgage payments), it is presumed to be a joint debt. For large-scale borrowing beyond this scope, the creditor must provide evidence to prove that the funds were used for the couple's joint life, joint production and operation, or with the mutual consent of both parties. Third, they review the defenses: If the spouse claims not to be liable, they may provide evidence such as the funds not entering the family, the spouse bearing the family expenses, or the other party having illegal records such as gambling or drug addiction, which may raise reasonable doubts. In this case, if the creditor cannot provide additional evidence, they typically bear the unfavorable consequences. In practice, the court will review whether the loan amount is consistent with the family's income and living standards, the actual flow of funds, and the relationship between the creditor and the borrower. Regarding the burden of proof, the spouse does not need to prove their innocence, but rather raise defense clues to leave the facts in a state of uncertainty, thereby shifting the burden of proof to the creditor. In addition, agreements or judgments on debt sharing in divorce settlements generally do not affect the creditor's right to claim joint debts from both parties during the marriage.

IV. Practical suggestions and legal basis

Action suggestions: First, when being sued, first review whether the debt is necessary for daily family life and clarify the direction of defense; Second, if claiming personal debt, submit evidence of family expenses, fund flows, and the other party's illegal acts; Third, if the creditor claims joint debt, evidence should be provided around "joint intention", "joint life", and "joint operation"; Fourth, for debts incurred from illegal activities, clearly claim that the people's court will not support them; Fifth, preserve relevant vouchers related to property and debts during the existence of the marriage relationship. For matters involving debts and enforcement, you can refer to the relevant provisions of the Civil Procedure Law of the People's Republic of China.Creditor's rights and debts, and enforcementFor matters involving the division of marital assets and debts in a divorce, you may refer to the following guidelines:Divorce litigation and family disputesLegal basis: Articles 1064, 1065, and 153 of the Civil Code of the People's Republic of China (all effective from January 1, 2021), Article 34 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). The specific application shall be subject to the currently effective laws and regulations and judicial decisions.

5. Henglu Law Firm's Reminder

Firstly, "joint debts and joint signatures" is the first criterion for determining joint debts. Secondly, the burden of proof for large-scale borrowing lies with the creditor, and the spouse does not need to prove their innocence. Thirdly, debts incurred from illegal activities such as gambling and drug addiction are not protected by law. Fourthly, evidence of family income and cash flow should be organized in advance. Fifthly, agreements on debt sharing during divorce cannot be used to oppose bona fide creditors. For matters involving debt identification and recovery, parties may seek legal assistance through the following channels:Creditor's rights and debts, and enforcementThe service provides a comprehensive solution, which can be combined with the division of marital property and debtsDivorce litigation and family disputesThe slides, which cover corporate borrowing and operating debts, can be used for referenceBusiness and contract disputes in enterprisesColumn.

VI. Frequently Asked Questions

Q1: Should I repay the money my spouse borrowed privately?

It depends on the purpose and amount of the debt. If it is incurred for the daily needs of the family, it is usually presumed to be a joint debt of the couple. If it obviously exceeds the daily needs of the family, such as large-scale business loans, personal investments, or high-consumption spending, the creditor must prove that the debt is used for the couple's common life, joint operation, or with the consent of both parties. Otherwise, it is generally not a joint debt. If the debt stems from illegal activities such as gambling or drug abuse, and a third party claims rights, the people's court will not support it, and the spouse does not need to repay it.

Q2: How to determine whether it belongs to the daily needs of a family?

Generally, it is judged based on the comprehensive consideration of the local average living standard of families, their consumption structure, and the amount of debt. Daily expenses, children's education, medical treatment, and necessary housing expenses generally fall within this range. However, large-scale loans that significantly exceed a family's income and normal living expenses are usually not considered necessary for daily life. As for whether a spouse should share responsibility for large-scale debts incurred during the marriage, the key factor is whether the debts are used for common living, joint business operations, or involve a mutual expression of intent.

Q3: If a spouse says "I admit it" after the fact, does that count as subsequent acknowledgment?

It may constitute an act of subsequent recognition. Subsequent recognition is a form of joint manifestation of intention, which includes written confirmation and acknowledgment through actions (such as joint repayment, provision of guarantees, etc.). However, subsequent recognition should be an explicit and genuine expression of intention. Silence or mere knowledge of the existence of the debt after the fact generally does not constitute subsequent recognition. In practice, the court will comprehensively determine the recognition based on the time and form of the recognition and whether there is a conflict of interest. If it is indeed not a subsequent recognition, the party should promptly express dissent and preserve evidence.

Q4: If a creditor sues me, how should I provide evidence to defend myself?

First, distinguish the types of debts and then prepare the corresponding defenses. If it is a unilateral debt beyond the family's daily living needs, you can submit family income and expenditure records, proof of your responsibility for family expenses, evidence that the funds did not enter the family, and the other party's illegal records such as gambling and drug abuse, pointing out that the debt was not used for common life; in this case, the burden of proof lies with the creditor. If the debt is a jointly signed or ratified one, you should review its authenticity and amount, and raise objections to the false debt if necessary.

Q5: If the divorce agreement states that the debt belongs to the other party, do I still need to repay it?

It is effective internally, but not necessarily exempt from liability externally. The provisions on debt sharing in a divorce agreement or judgment generally bind both spouses, but do not necessarily have legal effect on creditors. If the debt is a joint debt of the couple during the marriage, the creditor can still claim against both parties. The party who has already paid off the debt may, in accordance with the agreement, seek reimbursement from the other party. It is recommended to clarify the nature and purpose of each joint debt during the divorce to avoid potential problems in the future.

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 situations.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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. If you encounter disputes, please consult a practicing lawyer in time.