[Direct answer]In the Beijing area, it is not necessarily required for both spouses to sign jointly for joint debts. According to Article 1064 of the Civil Code of the People's Republic of China, debts incurred by one spouse in the name of the individual for the daily needs of the family during the continuation of the marriage relationship belong to joint debts; debts exceeding the daily needs of the family are, in principle, not joint debts, unless the creditor can prove that they are used for the common life of the couple, for joint production and operation, or based on the common intention of both parties. Joint signing of debts is just one of the identification circumstances, not the only standard. It is recommended to keep evidence of the purpose of the loan and consult a professional lawyer when necessary. For more details, please refer to the following link:Divorce litigation and family dispute resolution services.

I. Problem Background and Typical Scenarios

The identification of marital joint debts is a frequent dispute point at the intersection of divorce and loans. Typical scenarios include: one party secretly borrowing large sums of money for gambling or business activities without informing their spouse, and the creditor suing both parties; the spouse signing the IOU and then being pursued for repayment; a divorce agreement stipulating that the debt belongs to one party, but the creditor still pursues the other party for repayment; and whether a loan taken out to treat a parent's illness counts as a joint debt. Many people mistakenly believe that debts not signed by both parties do not count as joint debts, or conversely believe that all loans taken out during the marriage are joint debts. In fact, the determination of joint debts requires considering the amount, purpose, and intent of the transaction. Where creditor's rights need to be confirmed, the determination can be based on the following factors:Creditor-debtor relations and enforcement case servicesHandle it.

II. Key points of contention

There are three key points of contention. Firstly, signing the contract is not the only criterion: jointly signing the contract and subsequent ratification constitute joint debts; if one party borrows money for daily household needs, it is also considered joint debt and does not require signing the contract. Secondly, the burden of proof for expenses exceeding daily needs lies with the creditor: the creditor must prove that the money was used for joint living or business purposes. Otherwise, it is generally considered a personal debt. Thirdly, divorce-related agreements cannot be used to oppose bona fide creditors: if the couple agrees that the debt belongs to one party, the agreement is only valid between the two parties, and the creditor can still claim joint debts. For loans related to business operations, reference can be made to the relevant provisions.Business and contract dispute resolution services for enterprisesDetermine the nature of it.

III. Professional analysis by Hengluo Lawyers

Based on practical observations in handling cases involving intertwined family affairs and debts, the most common problem with marital joint debts is the proof of their purpose. According to Article 1064 of the Civil Code and relevant judicial interpretations, if a party borrows a large sum of money beyond the needs of daily family life, the creditor must provide evidence that the money was used for the couple's common life or business. Otherwise, it will be difficult to gain support. In practice, spouses often defend themselves by claiming that they were unaware of the borrowing, did not sign the agreement, or did not use the money for family purposes. The key lies in providing evidence of the borrowed money's connection to family expenses. Hengluo Lawyers usually advise: When facing debt collection, first verify the purpose of the borrowing and the signature situation, and collect evidence of family expenses and income; when sued, actively provide evidence to defend against the claim that the debt was not used for common life. For cases involving objections to enforcement, follow-up actions can be taken accordingly.Special services and other case-related servicesProtect rights and interests.

IV. Practical suggestions and legal basis

The legal basis is Article 1064 of the Civil Code of the People's Republic of China (effective January 1, 2021) (Identification of Marital Joint Debts) and Article 1089 (Debt Settlement upon Divorce); and the provisions on the burden of proof for debts used for family common life in the Interpretation (I) of the Marriage and Family Chapter of the Civil Code of the People's Republic of China by the Supreme People's Court (effective January 1, 2021). Practical suggestions: For external loans, it is recommended to have both spouses sign the loan agreement and specify the purpose of the loan; if a spouse discovers that debts have been borrowed in his/her name, he/she should promptly deny it in writing and preserve the evidence; when dividing debts upon divorce, it is important to make clear agreements, but such agreements should not be used to oppose bona fide creditors; when sued for joint debts, the focus should be on proving that the debts were not used for family common life. For debt clearance, it is recommended to combine the above-mentioned provisions with relevant legal provisions to determine the legal nature of the debts and the responsibilities of the parties involved.Inheritance succession and family property division servicesIt will be handled through channels other than the official ones.

5. Hengluo Law Firm's Reminder

When dealing with joint debts of a married couple, remember that signature is not the only criterion. The purpose of the loan is what really matters. When being chased for debts, first verify whether the loan was used for the family's common life or business, and whether there was a joint signature or subsequent approval. Divorce-internal debt agreements cannot be used to oppose bona fide creditors. Don't assume that just because the agreement is in the other party's name, it has nothing to do with you. In terms of evidence, the key is to prove that the debt was not used for common living. For large-scale business loans, you can combine other evidence to support your claim.Business and contract dispute services for enterprisesClarify the nature of the situation. If it is necessary to defend oneself or protect one's rights, it is recommended to consult a lawyer as soon as possible to secure evidence.

VI. Frequently Asked Questions

Q1: Is the money borrowed by one spouse considered a joint debt, and can I be exempt from liability?

Whether a loan during marriage counts as a joint debt of the couple does not depend on whether both parties signed it, but on its purpose and the parties' intent. Debts incurred for daily family needs, even if only one party signed the agreement, are considered joint debts. However, large loans exceeding daily needs are generally considered personal debts, unless the creditor can prove that the funds were used for the couple's joint living, joint production and operation, or with the mutual consent of both parties. Therefore, it's inaccurate to say that a loan without a signature either counts as or doesn't count as a marital debt. If the party being pursued for repayment wants to avoid liability, they should provide evidence that the debt was not used for joint living purposes.

Q2: What evidence should be prepared when asserting or defending a claim for joint debt?

The core evidence includes: promissory notes or contracts, whether there are joint signatures, and agreements on the purpose of the loan; bank transaction records and transfer receipts, showing the flow of funds and their use; proof of household daily expenses and income, demonstrating whether the funds were used for common living; business accounts and industrial and commercial registration documents, proving whether the funds were used for joint operations; and evidence of subsequent acknowledgment such as chat records. If the spouse contends that the funds were not used for common living, they should submit evidence of household income and expenditure, separation, the other party's gambling or transfer of funds, etc. Organizing the evidence around its intended use is more effective than simply arguing about whether a signature was provided or not.

Q3: How much will it cost in attorney's fees and litigation expenses to defend against a lawsuit involving joint debts?

The acceptance fee for debt disputes shall be calculated in accordance with the "Measures for the Payment of Litigation Fees" based on the amount of the litigation subject, and shall be borne by the losing party; if the debt is claimed as non-joint and obstruction of enforcement, it may involve enforcement objections or lawsuits against enforcement objections, and the fees shall be calculated separately. The attorney's fees shall be stipulated in the entrustment contract, and there is no unified pricing. They are usually charged on a per-case basis or according to a percentage of the subject amount. Compared with the amount of the debt, the cost of clarifying the nature of the debt in the early stage is very low. It is recommended to evaluate the situation early when being sued to avoid being ordered to pay jointly and increasing the actual burden due to delay.

Q4: How long does it usually take to resolve disputes over joint debts between spouses?

The first-instance ordinary procedure for debt disputes lasts six months, and the simplified procedure lasts three months; if it enters the execution objection or execution objection lawsuit, the period will be further extended. When a creditor sues for a couple's joint debt, it often takes several months from filing the case to issuing a judgment; the enforcement process after the judgment is handled separately. In divorce cases, debt handling is dealt with together with the divorce litigation, and the period is consistent with that of the divorce case. Overall, the pace of resolving debt disputes is influenced by procedures and evidence collection. It is recommended to submit defense evidence in time after being sued to avoid losing the case due to a default judgment and joint repayment of debts.

Q5: If the creditor claims that the debt is a joint debt, how should I deal with it specifically?

Here's the translation of the Chinese sentence into English with detailed explanations: Suggested four steps: First, upon receiving a claim or lawsuit notice from a creditor, first verify the authenticity of the loan, the signature situation, and the use of the funds. Second, collect evidence such as family expenses, income, and business accounts to determine whether it belongs to a joint debt. Third, if it is indeed a personal debt, write a denial letter and provide evidence showing that the funds were not used for joint living. If necessary, file an objection to enforcement. Fourth, when divorcing, make clear agreements regarding the debt, but note that these agreements cannot be used to oppose bona fide creditors, who may still seek repayment. When in doubt, consult a professional lawyer to develop a defense and evidence-gathering plan, and seek legal assistance if necessary.Special services and other case servicesProtecting rights and interests.

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 situations.

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·Beijing Hengluo Law Firm

Disclaimer: This article is compiled based on current 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 case of disputes, please consult a practicing lawyer in time.