[Direct answer]Fictitious debts are not protected by law. Article 1064 of the Civil Code of the People's Republic of China stipulates that marital joint debts are limited to debts jointly signed by both parties or debts subsequently acknowledged by one party, as well as debts incurred by one party for the daily needs of the family; if a party borrows money in his/her own name beyond the daily needs of the family, the creditor must prove that the money is used for common life, joint operation, or based on a common intention. If the debt is fictitiously created by one party in collusion with a third party, the court will not recognize it, and the borrower shall bear the responsibility personally; if the circumstances are serious and suspected of false litigation, the borrower may be fined, detained, or even held criminally liable. It is recommended to promptly fix clues such as transfers and chats and apply to the court for investigation and evidence collection.

I. Problem Background and Typical Scenarios

When the divorce litigation enters the stage of property division, one party suddenly produces several IOUs, claiming that they borrowed hundreds of thousands or even millions of yuan from relatives and friends after marriage and demanding that the debts be shared by both parties as marital joint debts, thereby diluting the other party's share of the property. There are three common forms: colluding with relatives to retroactively write IOUs, without actual delivery of the funds; transferring funds first and then transferring them back to create false transaction records; and disguising personal extravagance and gambling funds as family expenses under the guise of genuine loans. In the judicial practice of Beijing, such claims often intertwine with property division and company equity disputes, making them more difficult to handle. It should be noted that such disputes often involve both factual determination and procedural requirements, with relevant materials scattered among both parties. Moreover, due to the short time limits and high professional complexity, the earlier the evidence is systematically organized, the time points and legal basis are clarified, the more options there will be for subsequent negotiations or litigation, and the more likely it is to avoid losing advantageous positions due to procedural errors. When analyzing specific cases, it is recommended to take the timeline as the main line, and match contracts, vouchers, transaction records with relevant legal basis one by one, forming a clear processing framework to facilitate the determination of the priority and feasibility of various claims.

II. Key points of contention

First, whether the debt actually occurred and whether there was actual delivery. Second, whether the borrowing was based on the joint intention of the couple, that is, whether they jointly signed the debt or acknowledged it retrospectively. Third, whether the purpose of the debt was directed towards the family's common life and joint operation. Fourth, the formation time and authenticity of the IOU, and whether there is backdated signing or retroactive supplementation. Fifth, how to grasp the burden of proof and standard of proof for alleging false litigation. The above disputes are interconnected. If any one link is not established, it will be difficult for the debt to be shared by both parties as a joint debt. Sixth, whether the subject claiming rights is qualified and whether any necessary counterparties and jointly liable parties have been omitted. Seventh, the integrity of the evidence and the distribution of the burden of proof will directly affect the outcome. Eighth, whether relevant time limits and procedural requirements have been complied with, and whether claims can still be made after the deadline. Ninth, how to determine and prove the scope of losses, causality, and the degree of the parties' own faults all require verification on a case-by-case basis using specific materials. In addition, attention should be paid to whether the evidence forms are legal, whether key facts can be corroborated, and the differences in cost, time, and feasibility of different handling solutions. On this basis, the priority path to be pursued should be determined.

III. Professional analysis by Henglue Law Firm

When handling divorce and family disputes, Henglue Lawyers typically review debts at three levels: first, they check whether there is actual fund delivery. If there is only a promissory note but no bank transaction records, the claimant often cannot provide sufficient evidence; second, they examine the time and purpose of the loan. If it is unrelated to family consumption or business operations, it is difficult to identify it as a joint debt; third, they verify whether there is a joint intention. If the spouse did not sign the promissory note, was unaware of it, and did not benefit from it, the debtor generally bears the responsibility alone. In practice, courts are particularly strict in reviewing large-amount promissory notes between relatives, and will comprehensively judge them based on the issuance time, handwriting on the paper, communication records, and fund flows. Promissory notes with backdated dates are unlikely to gain support. If malicious collusion is identified, the court may impose sanctions in accordance with the provisions on obstruction of civil litigation.
This case is handled by Beijing Henglu Law Firm.Xiong BinrongThe lawyer (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 family's income and expenditure and account transactions to determine the time when the debt claimed by the other party was formed; Second, raise objections to the authenticity of the IOUs and, if necessary, apply for handwriting and time-formation appraisal; Third, require the other party to explain the delivery method and source of funds for large sums of money, and firmly refute the claim without transaction records; Fourth, if collusion and fabrication of evidence are found, apply to the court for investigation and evidence collection and claim responsibility for false litigation; Fifth, the party claiming joint debts shall bear the burden of proof regarding the use of the funds. For matters involving the division of marital property and debts, reference can be made to the relevant provisions of the Marriage and Family Code of the People's Republic of China.Divorce litigation and family disputesFor matters involving the confirmation and recovery of creditor's rights, you may refer to the following for reference.Creditor's rights and debts, and enforcementLegal basis: Articles 1064, 1087, 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). The specific application shall be subject to the currently effective laws and regulations and judicial decisions.

5. Henglue Law Firm's Reminder

Firstly, forged debts not only fail to gain support, but may also constitute false litigation and result in legal liability. Secondly, the core of the defense is whether the funds were truly delivered, and seizing the cash flow gap can often reverse the situation. Thirdly, divorce agreements or judgments should list debts item by item to avoid being pursued for repayment after divorce. Fourthly, where there is confusion between company accounts and family accounts, it is advisable to reconcile the accounts together. For the overall handling of marital property and debts, it can be done throughDivorce litigation and family disputesThe service acquisition plan involves the integration of execution and recovery of compensationCreditor's rights and debts, and enforcementFor plates involving corporate fund transfers, you can refer to the following for referenceBusiness and contract disputes in enterprisesColumn.

VI. Frequently Asked Questions

Q1: If the other party forges a debt, will the court recognize it?

Generally, this won't happen. When reviewing debts, the court focuses on whether there was an actual transfer of funds, whether the debt was based on a mutual expression of intent, and whether the funds were used for the family's common life. Debt notes without bank transaction records or those written retrospectively by relatives are usually not accepted as evidence. If collusion is found, the parties involved may be fined or detained, and in serious cases, criminal charges may be pursued according to the law. Individual cases vary greatly in terms of evidence forms, liability proportions, and procedural stages. Relevant claims are usually subject to statutory time limits. It is recommended to fix written evidence as soon as possible, assert rights in a timely manner, and keep records of reminders, communications, and service notifications to avoid being affected by insufficient evidence or expired time limits. Specific solutions should be determined by professional lawyers after evaluating the complete materials.

Q2: How can I provide evidence to prove that the debt is false?

There are three approaches to this: First, obtain the account statements of both parties and their related individuals to prove that there was no corresponding fund transfer; Second, demonstrate that there was no large-scale spending need in the family at the time of the loan; Third, apply for an appraisal of the IOU to verify the formation time and handwriting. If necessary, you can apply to the court for investigation and evidence collection. Each case varies greatly in terms of evidence form, liability ratio, and procedural nodes. Relevant requests are usually subject to statutory time limits. It is recommended to fix written evidence as soon as possible, assert rights in a timely manner, and keep records of reminders, communications, and service delivery to avoid affecting the outcome due to insufficient evidence or expired time limits. Specific solutions should be determined by professional lawyers after evaluating the complete materials.

Q3: How much does it cost to claim that the debt is forged?

The main costs are litigation fees and appraisal fees. Appraisal fees are charged on a per-item basis and are initially paid by the applicant, with the losing party or the party at fault ultimately sharing them. In divorce cases, litigation fees are relatively limited, and the portion related to property division is calculated based on the value of the subject matter. It is recommended to first assess whether the cash flow gap is obvious before deciding whether to initiate an appraisal. Cases vary greatly in terms of evidence form, liability ratios, and procedural milestones, and related requests are usually subject to statutory time limits. It is recommended to fix written evidence as soon as possible, assert rights in a timely manner, and keep records of reminders, communications, and service notifications to avoid the outcome being affected by insufficient evidence or the expiration of time limits. Specific solutions should be determined by a professional lawyer after evaluating the complete materials.

Q4: How long does it take from filing a case to identifying the debtor's assets?

The general time limit for first-instance ordinary proceedings is usually six months, and for simplified proceedings, it is three months. The periods of appraisal and investigation for evidence collection are not included in the time limit for trial. Whether to initiate an appraisal or whether it is necessary to add a third party will affect the progress. It is recommended to fix the evidence as soon as possible to shorten the cycle. Cases vary greatly in terms of evidence form, liability ratio, and procedural nodes, and related requests are usually subject to statutory time limits. It is recommended to fix written evidence as soon as possible, assert rights in a timely manner, and keep records of reminders, communication, and service to avoid affecting the outcome due to insufficient evidence or the expiration of the time limit. Specific solutions should be determined by professional lawyers after evaluating the complete materials.

Q5: If I find out that the other party has colluded with my relatives, what should I do?

It is necessary to promptly submit clues to the court and apply for investigation and evidence collection, and if necessary, apply for appraisal of the formation time of the IOU; for the erroneous judgments that have taken effect, relief can be sought through retrial or third-party revocation litigation. Throughout the process, keep communication records to provide evidence for claiming false litigation liability in the future. Each case varies greatly in terms of evidence form, liability proportion, and procedural nodes, and relevant requests are usually subject to statutory time limits. It is recommended to fix written evidence as soon as possible, claim rights in a timely manner, and keep records of reminders, communication, and service to avoid the outcome being affected by insufficient evidence or the expiration of time limits. Specific solutions should be determined by professional lawyers after evaluating the complete materials.

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 facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as 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 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.