[Direct answer]In the Beijing area, if the other party forges debts during the divorce, you have the right to require them to provide sufficient evidence of the true purpose of the debt, the agreement to borrow money, and the flow of funds. You can legally defend against and refuse to recognize debts that are false or exceed the family's daily living needs. According to Article 1092 of the Civil Code of the People's Republic of China, if one party forges debts in an attempt to misappropriate the other party's property, the court may award a smaller share or no share of the couple's jointly owned property during the divorce. The court only recognizes debts used for the couple's joint life, joint production and operation, or based on the mutual intention of both parties as joint debts. It is recommended to sort out the bank statements and loan contracts as soon as possible, and apply for investigation and evidence collection when finding any suspicious points. For more details, please refer to the following link:Divorce litigation and family dispute resolution services.

1. Problem background and typical scenarios

Forging or falsifying debts is a common method of "diluting joint property" in divorce property disputes. Typical scenarios include: the other party suddenly producing a strange IOU, claiming that it was used for family operations; packaging personal gambling debts and consumer debts as joint debts; colluding with relatives and friends to produce false loan certificates; and writing large-amount IOUs just before the divorce litigation. The other party is often passive because they don't understand the flow of funds. In practice, whether such debts can be recognized depends on the review of their authenticity, rather than simply accepting them just because there is an IOU. For debts involving enforcement, it can be combined with other evidence to determine their legitimacy.Creditor-debtor relations and enforcement case servicesCoordinate and plan everything in an organized and efficient manner to ensure that all tasks are completed on schedule and within budget.

II. Key points of contention

The focus of the dispute centers on three points. First, the authenticity of the debt: whether there were actual transfers of funds beyond the IOUs, proof of the funds' use, and whether the funds were truly used for joint living or business operations. Second, the consent to the debt: whether the other party was aware of and agreed to the debt, or whether the debt was raised unilaterally by the other party. Third, the reasonableness of the amount: whether it clearly exceeds the family's daily living needs. When handling similar cases in Beijing, the review of debts without transfer records, without reasonable purposes, and with suspicious timing has become stricter. Creditors are often required to appear in court or provide additional evidence to prevent false debts from eroding the other party's property shares. For cases involving the commingling of enterprise assets, reference can be made to the relevant provisions.Business and contract dispute resolution services for enterprises.

III. Professional analysis by Hengluo Lawyers

Taking the marital infidelity divorce case handled by our firm as an example: Wang *sheng and Zhang *hua registered their marriage in 2006. In 2025, Zhang *hua filed a lawsuit first but was rejected. Later, Wang *sheng discovered that she had been having an affair and filed a lawsuit again. In the lawsuit, the other party claimed more than 520,000 yuan in joint debts. Wang *sheng entrusted lawyer Xiong Binrong of Beijing Hengluo Law Firm to represent her. The lawyer sorted out the debts and damages based on the evidence, and focused on reviewing the authenticity, purpose, and mutual consent of each loan. After the court trial, only the 30,000 yuan borrowed from the plaintiff's parents was recognized as a joint debt, to be shared by both parties (the defendant paid half of it, which was 17,500 yuan). The court did not support the other party's claims of large amounts of money that lacked supporting evidence, and awarded Wang *sheng 70% of the joint property according to the principle of protecting the innocent party. This case was handled by Beijing Hengluo 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

The core basis is Article 1064 of the Civil Code of the People's Republic of China (implemented on January 1, 2021) ( Criteria for Identifying Joint Debts of Spouses) and Article 1092 (Where a spouse conceals, transfers, sells, damages, or squanders the couple's joint property or forges debts in an attempt to appropriate the other spouse's property, the spouse may be awarded a smaller share or no share in the divorce settlement); as well as the provisions of the Civil Procedure Law regarding the burden of proof and investigation and evidence collection. Practical suggestions: Sort out the account statements of the other party and the loan contracts, verify the transfers and their purposes; apply to the court for the retrieval of the debts in question or require the creditor to appear in court; assert that the other party should bear adverse consequences for forging debts; and request a smaller share or no share for the forger in the divorce settlement. For debts involving real estate mortgages, it can be combined with other evidence to determine the authenticity of the debts.Real estate sales and construction project services.

5. Henglu Law Firm's Reminder

When faced with debts raised by the other party, do not automatically accept them just because there's a promissory note. The standard response is to first secure evidence, then verify the flow of funds and their intended use, and finally defend against the claim and argue for a reduced share in accordance with the law. Note that if you discover after the divorce that the other party has falsified debts, you can still request a second division of assets within the statutory period. Do not engage in conflicts with the other party or the so-called creditor on your own. Instead, seek legal protection through court procedures and lawyers. If you need to systematically build counter-evidence, you can refer to the following resources for guidance:Special services and other case services.

VI. Frequently Asked Questions

Q1: If the other party forges a debt, can I detect it and get the court to reject it?

There's a high probability of this. The court conducts strict reviews of marital joint debts, looking not only at promissory notes but also at actual transfers of funds, the purpose of the funds, and the parties' agreement on the borrowing. Debts without a real cash flow, without a reasonable purpose, with suspicious timing, or those signed by only one party are often deemed false or exceeding daily needs and are not supported. However, the outcome depends on the evidence. Lawyers will help you break down the other party's debts item by item, apply for investigations and evidence collection, and argue that the forger should receive a smaller share or no share at all, rather than guaranteeing that a particular debt will definitely be excluded.

Q2: To prove that the other party's debt is forged, what evidence do I need to prepare?

The core evidence includes: the other party's bank transaction records and transaction logs (to verify whether the transfer was genuine and whether the funds were repatriated); the formation time and signature authenticity of the loan contract and promissory note; proof of the purpose of the debt (whether it was used for joint living or business operations); proof that the other party was unaware of and did not ratify the debt; and evidence of the other party's abnormal relationship with the creditor and signs of collusion. The materials should be organized around the themes of "no genuine purpose, no borrowing agreement, and exceeding daily needs". If necessary, apply to the court to retrieve the other party's account and the source of the creditor's funds.

Q3: How much does it cost to hire a lawyer to deal with fraudulent debts?

The attorney's fees are negotiated between the law firm and the client. They are usually charged on a contingency basis or based on a percentage of the case value. In cases involving marriage and inheritance, risk-based representation is prohibited by law. The specific fees are subject to the contract of entrustment and there is no nationwide standard pricing. If the debt amount is huge and requires extensive investigation and evidence collection, the fees will increase accordingly. It is recommended to request a detailed fee breakdown, clarify the stages of representation and whether it includes litigation fees, investigation fees, and other third-party expenses. Then, weigh the investment based on the proportion of protected assets to avoid wasting money on unimportant matters.

Q4: How long does it usually take from discovering a forged debt to completing the handling process?

The trial period is synchronized with divorce litigation: the first-instance ordinary procedure is completed within six months and the simplified procedure within three months. If the first lawsuit does not result in a divorce, the parties must file a lawsuit again after being separated for more than one year. Debt investigations, requiring creditors to appear in court, or judicial audits will be extended accordingly. If fraudulent debts are discovered after the divorce, the parties can request a second division of assets, which is not subject to the original trial time limit but is affected by the statute of limitations. Overall, it often takes several months from evidence collection to determination. It is recommended to fix the evidence trail before filing a lawsuit.

Q5: If I discover that the other party has falsified a debt, what should I do first?

It is recommended to proceed in four steps: First, immediately collect the other party's bank statements, loan contracts, and transfer records to determine the time when the debt was formed and the flow of funds; Second, sort out the evidence of the purpose of the debt to determine whether it belongs to joint living or business; Third, in the litigation, require the other party and the creditor to provide sufficient evidence, apply to the court to retrieve the account, and claim that the forger should be given a smaller share or no share at all; Fourth, for new clues discovered after the divorce, promptly request a second division of the couple's joint property. Keep all evidence throughout the process and, if necessary, hire a lawyer to assist with the investigation and defense.

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 currently 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 Hengluo 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.