[Direct answer]In the Beijing area, the scope of marital joint debts is defined by Article 1064 of the Civil Code of the People's Republic of China (effective January 1, 2021), which includes three categories: 1. Debts incurred with the joint intention of both spouses, such as those signed by both spouses or those subsequently acknowledged by one spouse. 2. Debts incurred by one spouse in the name of the family for daily living needs during the marriage. 3. Debts incurred by one spouse in the name of the family beyond daily living needs, provided that the creditor can prove that the debt was used for the couple's common life, joint production and operation, or based on the couple's joint intention. For large-scale borrowing beyond daily living needs, the burden of proof lies with the creditor. If the creditor fails to provide evidence, the debt will generally not be recognized as a marital joint debt. Additionally, according to Article 1065 (effective January 1, 2021), if the couple agrees that the property acquired during the marriage belongs to each spouse individually, and the counterparty is aware of this agreement, the debt shall be paid off with the individual's personal property.Divorce litigation and family disputesIn this column, you can view the approaches to dealing with similar issues.

I. Problem background and typical scenarios

The consultations focused on four scenarios: First, when the other party suddenly demands that both spouses jointly assume debts of hundreds of thousands of yuan during the divorce, and presents promissory notes and transfer records; Second, when the creditor directly sues both spouses, demanding that they bear joint and several liability for the debts borrowed by one party during the marriage; Third, when one spouse provides guarantees for others, and the creditor claims that the debt guaranteed by the spouse belongs to a joint debt; Fourth, when one party is involved in gambling and blind investments for a long time, leading to debts, and the other party is implicated. In the judicial practice of Beijing courts, it is usually first to review the authenticity and establishment time of the debt, then to judge the purpose and beneficiary of the debt, and finally to determine the mode of liability. For the connection between debt recovery and enforcement, reference can be made to the relevant provisions of the Civil Procedure Law of the People's Republic of China and the Judicial Interpretation of the Civil Procedure Law of the People's Republic of China.Creditor's rights and debts, and enforcement casesFor columns involving business loans and contractual relationships, they are often associated withBusiness and contract disputes in enterprisesThe rules in the column intersect each other.

II. Key points of dispute

Focus One: The determination of joint signature and subsequent ratification. Simply being aware of the debt does not constitute ratification; a clear expression of intent is required. Focus Two: Determining the amount necessary for daily family life typically involves comprehensive consideration of the family's income, spending habits, and local living standards. Focus Three: Whether large debts were used for joint living or production/operation requires proof from the creditor, with the focus on the flow of funds. Focus Four: Debts incurred by one party as a guarantor for others generally fall under joint debts, subject to verification of whether they serve joint living or business interests. Focus Five: Debts incurred from illegal activities such as gambling or drug abuse do not constitute joint debts. Focus Six: Provisions regarding debt assumption in divorce agreements or judgments are internally valid but generally cannot be used to oppose bona fide creditors. Focus Seven: Evidentiary and defense strategies for the non-borrowing party in litigation. Specific determinations shall be subject to currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

The practical experience of our firm in handling such cases can be summarized into three judgment paths. First, we look at the expression of intent. Any loan signed by both parties, promissory notes issued jointly, or reconciliation statements confirmed jointly generally fall into the category of joint debts. If only one party signs and the other party subsequently acknowledges it through WeChat, text messages, or repayment actions, it may also constitute subsequent approval. Second, we look at the purpose of the funds. Courts generally require creditors to explain the purpose of the loan. If the funds enter the borrower's personal account and are used for gambling, repaying personal debts, or transferred to third parties, it is usually difficult to determine that they constitute joint debts. Third, we look at the beneficiary. If the funds are used for joint operations and the operating income is used for family living, even if only one party handles the transactions, it may still be recognized as joint debts. In practice, there are three common pitfalls: First, trusting the other party's oral promises and summarily admitting joint debts in mediation; Second, failing to apply for obtaining the fund flow records in a timely manner, resulting in the inability to clarify the purpose of the funds; Third, ignoring the issue of spousal property agreements and the creditor's awareness, mistakenly believing that signing an internal agreement can exempt them from external liabilities. It is recommended that the non-borrowing party fix evidence item by item around five dimensions: the time of the loan, the amount, the purpose, the beneficiary, and whether they jointly signed the documents.

IV. Practical suggestions and legal basis

Action suggestions: First, after receiving collection or litigation materials, verify the time of debt formation and the flow of funds as soon as possible, and apply to the court to retrieve the complete bank transaction records; Second, distinguish between three types of debts. For the part exceeding the family's daily living needs, clearly require the creditor to bear the burden of proof; Third, for debts not used for family life or joint operation, submit the family's consumption level, income status, and the other party's abnormal consumption records as rebuttal. The relevant evidence-gathering ideas can be referred to for referenceCreditor's rights and debts, and enforcement cases1. Column; 2. The evidence of whether the operating income is used for family life if it involves joint operation; 3. If the debt assumption is specified in the divorce agreement or mediation document, the evidence of informing the creditor should also be preserved to reduce the risk of external liability; 4. The subject of the guarantee debt should be subject to special verification. 5. Legal basis: Articles 1064, 1065, and 1089 of the Civil Code of the People's Republic of China (all effective from January 1, 2021); the provisions on the burden of proof and investigation of evidence in the Civil Procedure Law of the People's Republic of China (amended in 2023 and effective from January 1, 2024); the specific adjudication standards shall be based on the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, co-signing is the greatest risk point. Before signing a loan agreement, issuing a promissory note, or applying for a loan together with your spouse, you must understand the purpose and amount of the loan. Secondly, do not admit debts in general terms during mediation or court hearings. It is more secure to verify the time, amount, and purpose of each debt individually. Thirdly, the burden of proof for creditors to claim joint debts is relatively heavy. The party who did not borrow the money should take the initiative to apply for investigation and evidence collection to avoid being forced to defend passively. Fourthly, divorce does not necessarily exempt from external debts. Internal agreements mainly take effect between spouses. Fifthly, if you are added as a defendant in the enforcement stage, you should promptly raise an objection to the enforcement and, if necessary, file a separate lawsuit to confirm the nature of the debt.

VI. Frequently Asked Questions

Q1: Is all the money borrowed by one party in their own name considered a joint debt?

No. According to Article 1064 of the Civil Code of the People's Republic of China, debts incurred in the name of an individual can only be deemed joint debts if they are for the needs of daily family life, or if the creditor can prove that they are used for common living, joint production and operation, or based on a common intention. Otherwise, they are considered personal debts.

Q2: If one party guarantees a debt for someone else, does the other party need to repay it together with them?

Generally, it does not belong to joint debts. The guaranteed debt has personal attributes and is usually borne by the guarantor himself; unless the creditor can prove that the guarantee is for the couple's common life or common production and operation interests, or that the other party has participated in or explicitly approved of it, the court may make a different determination.

Q3: If one party incurs debts due to gambling, does the other party have to repay them?

There is no need to repay the debt jointly. Gambling is an illegal activity, and the debts arising from it do not belong to the debts incurred for the daily needs of the family, nor do they belong to the debts used for common living or joint operation. However, it is necessary to distinguish between gambling debts and debts actually used for gambling under the guise of borrowing. This should be identified through evidence of the flow of funds.

Q4: If the divorce agreement stipulates that the debt shall be borne by one party, can the creditor still pursue the other party for repayment?

Possibly. The agreement on debt assumption between spouses mainly binds their internal relationship and generally does not have a preemptive effect against bona fide creditors. If the debt itself is a joint debt, the creditor can still require both parties to assume the debt. The party who assumes more than the agreed share may recover the overpaid amount from the other party in accordance with the agreement.

Q5: If I'm sued to assume joint debts, what evidence do I need to submit?

You can submit corresponding materials regarding the time of the loan and your family situation, proof of your own income and consumption level, evidence of the other party's abnormal fund flows, and evidence of your non-participation in the loan and business operations, and apply to the court to retrieve the bank transaction records. The key is to prove that the debt in question was not used for common living or joint production and operation, nor was it based on a mutual expression of intent.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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·Beijing Henglue 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. In case of disputes, please consult a practicing lawyer in time.