[Direct answer]In the Beijing area, marital joint debts should be repaid jointly upon divorce. According to Article 1089 of the Civil Code of the People's Republic of China (effective January 1, 2021), marital joint debts should be repaid jointly upon divorce; if the joint property is insufficient to repay the debts or the property belongs to each party individually, the parties shall repay the debts by agreement. If no agreement can be reached, the People's Court shall adjudicate. The determination of joint debts is based on Article 1064: debts signed by both spouses or debts subsequently acknowledged by one party, as well as debts incurred by one party in the name of the family for daily living needs during the marriage, are considered joint debts; debts exceeding the family's daily living needs are generally not considered joint debts, unless the creditor can prove that the debts were used for the couple's common life or joint production and operation. The debt attribution provisions in the divorce agreement cannot be used to oppose bona fide creditors.

1. Problem background and typical scenarios

Such issues often arise in several scenarios: one party has multiple credit cards and consumer loans under their name, and the other party claims to share the responsibility during the divorce; one party signs for a loan on behalf of a relative or friend, and the purpose of the loan is questionable; whether the business debts extend to the spouse; and when the divorce agreement stipulates that the debt belongs to one party, the creditor still claims against the other party. When adjudicating similar disputes in Beijing, the court usually determines the purpose of the loan, the flow of funds, and the family's benefit situation comprehensively. The party claiming that the debt is the other party's personal debt should sort out the bank statements and proof of use as soon as possible. For related enforcement issues, please refer to the relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

II. Key points of contention

Focus One: The application of the principle of joint debt and joint signature. Jointly signing or subsequent ratification directly constitutes a joint debt. Focus Two: The boundaries of family daily life needs. Daily consumption, children's education, and medical expenses are usually included, while large-scale investments and gifts to relatives and friends are typically excluded. Focus Three: The allocation of the burden of proof. Debts exceeding daily life needs should, in principle, be proven by the creditor to be used for joint living or joint operation. Focus Four: False debts and illegal debts such as gambling are not protected by law. Focus Five: The internal and external validity of divorce agreements. Internal agreements are valid but cannot be used against bona fide creditors, and creditors can still claim against both parties. Focus Six: The coordinated settlement of debts and property division. Specifically, the current effective laws, regulations, and judicial rulings shall prevail. For contracts and operational liabilities, reference can be made to relevant provisions.Business and contract disputes in enterprisesColumn.

III. Professional analysis by Henglue Law Firm

Take a divorce dispute handled by our firm as an example. Wang *sheng and Zhang *hua accumulated property such as real estate and vehicles during their marriage. Zhang *hua first sued for divorce, but the lawsuit was dismissed. Later, Wang *sheng discovered that Zhang *hua had been having an affair and entrusted our firm's lawyers to file a new lawsuit, claiming that the couple should share joint debts. After trial, the court ruled that the ¥35,000 loan Wang *sheng borrowed from his parents was used for the couple's common life and thus constituted a marital debt, ordering Wang *sheng to repay the debt and Zhang *hua to pay half of it, i.e., ¥17,500, which would be dealt with together with the division of property. In another foreign-related divorce mediation case, the parties reached a mediation agreement that "each party shall bear the debts under their own names". After being confirmed by the court, the agreement became legally binding for both parties. In another divorce case involving over ¥5.8 million in funds, the court found that the funds were ultimately transferred to one party's personal account and controlled by him. The lawsuit filed by a third party claiming ownership of the funds was also dismissed. In the end, the funds were divided according to a 50% share of the marital property, demonstrating that evidence of the purpose and flow of large-scale fund transactions plays a decisive role in determining their nature. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe attorney (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 recommendations: First, conduct a comprehensive review of the debts under both parties' names, and verify the loan contracts, transfer records, and actual usage; Second, for debts that were not jointly signed and were not used for family purposes, collect rebuttal evidence and claim that they are personal debts; Third, list the ownership and repayment methods of debts item by item in the divorce agreement, and separately stipulate the provisions regarding external guarantees. Relevant clauses can be referred to for referenceSpecial services and other cases1. The first step is to clarify the concept of "joint debts". Joint debts refer to debts incurred during the marriage, which are jointly assumed by the spouses. 2. The second step is to identify the legal basis for joint debts. The Civil Code of the People's Republic of China stipulates the criteria for determining joint debts and the rules of evidence in Article 1064. 3. The third step is to clarify the rights and obligations of the parties involved in joint debts. 4. The fourth step is to be vigilant against the other party's fabrication of debts. If any abnormal borrowing is discovered, the party should promptly raise objections and apply for a review. 5. The fifth step is to coordinate the repayment of debts and the division of property to avoid being pursued for repayment after a net division. In terms of legal basis, Article 1064 of the Civil Code of the People's Republic of China stipulates the criteria for determining joint debts and the rules of evidence; Article 1089 stipulates the repayment of joint debts and the paths of agreement and judgment in the event of divorce; Article 1092 regulates the acts of hiding, transferring, selling, damaging, or squandering the couple's joint property or forging joint debts with the intent of appropriating the other party's property. In the event of division, the party may be allocated a smaller share or no share at all.

5. Henglue Law Firm's Advice

Risk Warning: Firstly, if the divorce agreement stipulates that the debt belongs to one party, it does not exempt the other party from the obligation to repay to bona fide creditors. After repayment, the party may seek reimbursement from the other party in accordance with the agreement; Secondly, even if one party signs the debt alone, the debt incurred for daily family life is still a joint debt. Daily borrowing should not be taken lightly; Thirdly, if a party forges a joint debt in an attempt to misappropriate property, the party may be allocated a smaller share or no share in the division of property; Fourthly, the debt and property should be investigated together. Omitting to deal with them may lead to disputes after divorce. It is recommended to consult as soon as possible when dealing with large-scale debts.Beijing Henglue Law FirmFor similar columns on the official website, it is necessary to clarify the debt list before signing the agreement.

VI. Frequently Asked Questions

Q1: Do both parties have to repay the debt incurred by one party's gambling?

No. Debts arising from illegal activities such as gambling are not protected by law, let alone considered marital joint debts. According to Article 1064 of the Civil Code, joint debts are limited to those signed jointly, ratified retrospectively, or incurred for the needs of daily family life. Gambling debts do not meet the criteria of being for daily family life, and creditors cannot prove that the debts were used for joint living or joint operation. If the other party claims to share the responsibility for gambling debts, you can clearly raise objections and retain relevant evidence.

Q2: The divorce agreement stipulates that the debt belongs to the other party. Can the creditor still come after me?

This agreement is effective between the couple, and after one party repays the debt, they can seek reimbursement from the other party according to the agreement; however, it is not binding on bona fide creditors, who still have the right to claim the joint debts of the couple from both parties. Therefore, before signing the agreement, it is necessary to carefully verify the authenticity and scope of the debt, and after signing the agreement, to urge the repayment according to the agreement. If necessary, set default liability and reimbursement clauses in the agreement to reduce the risk of being implicated.

Q3: Does credit card spending count as a joint debt between husband and wife?

It depends on the purpose of the card usage. For card transactions related to daily household expenses, children's education, or family medical care, they are usually considered joint debts. However, if one party overdraws a large amount beyond daily living needs for personal indulgence or gift-giving to others, such transactions are generally classified as personal debts, unless the creditor can prove that the funds were used for joint living expenses. Organizing bills and consumption receipts is the key to distinguishing between joint and personal debts. If you notice long-term abnormal large-amount card transactions, you should promptly preserve the evidence and raise objections.

Q4: How to prove that a certain debt is the other party's personal debt?

Evidence can be provided from three aspects: First, the signature situation. The loan contract was not signed by the borrower himself/herself, and there is no record of subsequent recognition; Second, the flow of funds. The funds did not enter the family account or were not used for joint expenses, but instead flowed to the other party's personal consumption, investment, or a third party; Third, the family's benefit situation. The family's living conditions did not improve due to the loan. Bank transaction records, consumption records, and chat records corroborate each other, forming a stronger chain of evidence.

Q5: How should debts and assets be handled together during a divorce?

It is recommended to proceed in the following steps: first, inventory the property and all debts of both parties, and check the ownership and loan certificates; then distinguish between joint and personal debts, and mark the evidence for disputed debts; then negotiate a repayment plan, clarify the assumption and recovery mechanism for each debt; finally, claim them together in the agreement or litigation to ensure that the division results and debt repayment are interconnected. For family property disputes, you can refer to the relevant provisions of the Marriage and Family Code of the People's Republic of China.Marriage and family matters, and divorce litigationColumn.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, 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 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. If you encounter disputes, please consult a practicing lawyer in time.