[Direct answer]The debts incurred by one party in the name of the family for daily living needs during the marriage are joint debts of the couple, and they will not be exempted upon the dissolution of the marriage. Article 1064 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that debts incurred by one party in the name of the family for daily living needs during the marriage are joint debts; debts exceeding daily living needs, unless the creditor can prove that they are used for common life, common production and operation, or based on the common intention of the couple, are not joint debts. When divorcing, joint debts shall first be paid off with joint property, and the insufficient portion shall be shared by the parties through agreement or court judgment. It is recommended to keep the proof of the purpose of the loan, family expenses, and common beneficiaries, and to specify the subject of debt assumption for each debt in the divorce agreement or judgment.

1. Problem background and typical scenarios

Mortgage, home renovation, children's education, and elderly medical care—many families rely on one spouse taking on debt to maintain their operations. When a marriage ends, creditors often sue both spouses together. The spouse who didn't borrow the money is often surprised and aggrieved: "The money wasn't borrowed by me, and it wasn't spent on me. Why should I repay it?" There are three typical scenarios: first, the loan is used for family daily expenses, and both spouses actually benefit from it; second, the loan is nominally for family use, but in reality, one spouse diverts it for other purposes; third, when the debtor divorces, they intentionally attribute large external debts to joint debts, attempting to make their spouse share the responsibility. In the judicial practice of the Beijing area, such disputes often intertwine with property division and child custody issues.

II. Key points of contention

Firstly, whether the loan belongs to the daily living needs of the family, and how to grasp the judgment criteria. Secondly, for debts exceeding daily living needs, who should bear the burden of proof—the creditor or the spouse? Thirdly, how to apply the rule of joint debt and joint signature, and whether one party's signature equals both parties' consent? Fourthly, how to prove the purpose of the loan and the fact that the family benefits from it jointly. Fifthly, whether the agreement on debt attribution in the divorce agreement can be used to oppose the creditor. The core of these disputes is to translate abstract legal provisions into specific capital flows: the same promissory note, with different purposes, may lead to completely different outcomes.

III. Professional analysis by Henglue Law Firm

Based on the divorce property and debt cases handled by Henglue Law Firm, the court usually reviews them along three lines: purpose, agreement, and beneficiary. Taking a divorce dispute handled by our firm as an example: Wang *sheng and Zhang *hua registered their marriage in 2006 and had one daughter (who has already reached adulthood) and one son (11 years old). They accumulated assets such as houses, vehicles, machinery, and insurance. In April 2025, Zhang *hua first sued for divorce, but the lawsuit was dismissed. Two months later, Wang *sheng discovered that her husband had cheated on her during the marriage, so she sued again, claiming divorce, custody of the children, and a 70% share of the marital property while sharing the joint debts of 524,782 yuan. After reviewing the evidence, Henglue Law Firm argued that the marital relationship had indeed broken down, that it was more in line with the principle of the best interests of minors for the children to live with the plaintiff, and that the defendant should bear a greater share of the property division due to his major faults. Regarding the debts, the court verified the authenticity and purpose of each payment and ultimately determined that the 35,000 yuan borrowed from the plaintiff's parents was used for the family's daily life and was a marital debt, with Wang *sheng repaying the full amount and Zhang *hua bearing half of it (17,500 yuan). The court did not support the claims of debts lacking genuine use cases. This case highlights that whether debts are shared during divorce depends on whether the funds were truly used for the family's daily life or joint operations. It's difficult to determine this solely based on a promissory note. 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 suggestions: First, sort out all debts before divorce, and mark the borrowing time, amount, purpose, and supporting documents item by item, distinguishing between debts for family daily life and large-scale personal borrowings; Second, the party claiming joint debts should submit the loan contract, transfer records, family expenses, and materials related to joint operations; Third, in the divorce agreement or judgment, clarify the subject of debt assumption and recovery provisions for each debt to avoid litigation after divorce; Fourth, if the creditor files a lawsuit separately, the sued spouse should defend and provide evidence based on the fact that the debts were not used for common life and were not jointly signed. For the arrangement of divorce property and debts, you can refer to the following materials:Divorce litigation and family disputesFor cases involving debt recovery and objections to enforcement, you may refer to the following documents for reference:Creditor's rights and debts, and enforcement casesLegal basis: Articles 1064 and 1089 of the Civil Code of the People's Republic of China (both effective from January 1, 2021), and the relevant provisions on marital joint debts in 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, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, joint debts are not extinguished by divorce. Divorce merely determines the internal apportionment ratio. Secondly, the criterion for judgment is the purpose of the debt, not the nominal amount. Personal signature does not equal personal debt. Thirdly, if the large-scale borrowing is used for joint living, the burden of proof lies with the creditor or the party claiming joint liability. Fourthly, if it is discovered after divorce that the other party concealed debts, a separate claim can be made. For overall solutions to family disputes, please consult us through the following channels:Divorce litigation and family disputesThe service acquisition, which involves creditor's rights confirmation and debt recovery, can be combined togetherCreditor's rights and debts, and enforcement casesFor cases involving the mixing of corporate debt and family assets, you can refer to the following examples for reference.Business and contract disputes in enterprisesFor any questions regarding the definition of the boundaries between assets and debts, please feel free to consult us.Special services and other casesTeam.

VI. Frequently Asked Questions

Q1: Do the couple still need to repay their joint debts after divorce?

It is necessary. Debts incurred for the daily needs of the family are marital joint debts, which are not exempted upon the dissolution of the marriage relationship and should still be paid off with the joint property. If the amount is insufficient, the parties shall agree to share it or the court shall determine the share. Articles 1064 and 1089 of the Civil Code of the People's Republic of China have clear provisions on this matter. Divorce cannot be used as a means of evading joint debts.

Q2: How to determine whether a debt is a joint debt of a married couple?

First, check whether it is for daily family needs, such as clothing, food, housing, transportation, children's education, and daily medical care. Second, check whether the debt was signed by both spouses or was subsequently acknowledged by one of them. Third, check whether the debt was used for common living or joint production and operation. For large debts exceeding daily living needs, the creditor needs to bear the burden of proof regarding the purpose of the debt. If the creditor cannot provide sufficient evidence, it will be difficult to determine the debt as a joint debt.

Q3: If one party borrows money in their own name, does the spouse have to repay it?

If the loan is indeed used for daily family life, the spouse must repay it jointly; if it clearly exceeds the needs of daily life and the spouse did not sign or benefit from it, it is not a joint debt in principle, unless the creditor can prove that the funds were used for common life or joint operation. When the spouse is sued, he/she should actively defend and provide evidence, and it is not advisable to be absent from the trial.

Q4: If the divorce agreement stipulates that the debt shall be borne by one party, is it legally binding against third parties?

This agreement is valid within the couple and should be performed according to the agreement; however, it generally cannot be used against bona fide creditors. Creditors can still claim against both parties, and one party can seek reimbursement from the other party according to the agreement after actually assuming the debt. Therefore, when determining the agreed shares, the enforceability of external performance and internal reimbursement should be considered simultaneously.

Q5: What should I do if I find out that my spouse hid debts after the divorce?

After collecting evidence, you can make a claim separately. If the debt in question is indeed a joint debt, you can request the other party to bear its share according to the internal agreement or the statutory proportion; if one party hides, transfers property, or forges debts in an attempt to misappropriate the other party's property, you can request a smaller share or no share in accordance with Article 1092 of the Civil Code.

The above content is based on the compilation of judicial practices 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 for specific cases.

If you are currently 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 limits. →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 public 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 a dispute arises, please consult a practicing lawyer in time.