[Direct answer]In the Beijing area, the key to preventing the other party from fabricating debts during a divorce is to use evidence to refute the false debts. According to Article 1064 of the Civil Code of the People's Republic of China, marital joint debts must be based on the joint signature of both parties, subsequent acknowledgement, or used for the needs of daily family life; debts exceeding the needs of daily life are generally not considered joint debts. If the other party unilaterally borrows money and you have not signed or benefited from it, it is usually difficult to be recognized as a joint debt. It is recommended to pay attention to large-scale fund movements during the marriage, sort out the authenticity of both parties' bank statements and receipts before the divorce, and require the other party to provide evidence of the loan flow and purpose for the suspected debts; if faced with forgery, you can claim that the other party should receive a smaller share of the property. For more details, please refer to the following link:Divorce litigation and family dispute resolution services.

I. Problem background and typical scenarios

In divorce cases, fabricating debts is often used by one party to gain more assets or shift burdens, such as forging IOUs and falsely reporting loans. Typical scenarios include: a spouse suddenly producing an "IOU" for a nonexistent transaction to claim joint debts on the eve of divorce; fabricating loans in the names of parents or relatives and forging transfer records; packaging personal extravagance or gambling debts as family joint debts. Many non-debtors, due to a lack of financial awareness, only discover the problem in court and are unable to provide evidence to refute it in a hurry. In practice, courts are becoming stricter in reviewing unilateral debts, but parties still need to proactively secure counterevidence. For cases involving creditor confirmation, relevant evidence can be combined with other evidence to prove the authenticity of the debt.Creditor-debtor relations and enforcement case servicesDetermine the nature of the debt.

II. Key points of contention

There are three main points of contention regarding fictitious debts. Firstly, the authenticity of the debt: whether the IOU corresponds to the actual flow of funds, whether there is bank transaction records to support it, and whether the borrowing time coincides with the family's needs. Secondly, the determination of joint debts: according to Article 1064 of the Civil Code, whether it is based on joint signing, subsequent approval, or the needs of daily family life. Unilateral borrowing beyond the scope of the family's needs is generally not considered a joint debt. Thirdly, the burden of proof and consequences: the party claiming the debt should provide evidence, and the party forging the document may face reduced property division or even legal liability. For property investigations, reference can be made to the relevant provisions of the Civil Code.Real estate sales and construction project servicesVerify the destination of the funds.

III. Professional analysis by Hengluo Law Firm

The court's attitude towards unproven debts can be seen from the divorce property disputes handled by Beijing Hengluo Law Firm. Ms. Zhou and Mr. Su registered their marriage in 2011, and in December 2018, Fengtai Court ruled to divorce them but did not address the property division. During their marriage, they purchased a house in Beijing at No. 102, borrowed 1 million yuan from their parents to buy a house in Shijiazhuang at No. 3402, and Mr. Su purchased a house in Tianjin at No. 2104 before marriage, which they jointly repaid the loan for and saw its value increase after marriage. Ms. Zhou entrusted Attorney Li Yonghui to sue for the division of the three houses and the car, and claimed that Mr. Su cheated on her and committed domestic violence, so he should be awarded less property. One of the disputed issues between the two parties was the 1 million yuan joint debt: the plaintiff claimed that it was a joint debt, but failed to provide sufficient evidence. After the court's trial, the 1 million yuan debt was not recognized because it lacked evidence, and the plaintiff could claim it separately. In the end, the court adopted the lawyer's opinion, and the house at No. 102 was awarded to Mr. Su, who paid Ms. Zhou a depreciation fee of 2.15 million yuan, and the car was valued at 15,000 yuan (the defendant sold the car after the divorce to buy a new one, which was considered a transfer and sale of joint property, so he was awarded less). Ms. Zhou received a total depreciation fee of more than 2.15 million yuan. This case was handled by Beijing Hengluo Law Firm.Li YonghuiThe attorney (practice certificate number: 11101199611955812, subject to the certificate issued by the judicial administrative organ) acts as the agent.

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), Article 1092 (hidden, transferred, or fictitious debts may result in a reduced or no division of property), Article 1087 (division principles); and the "Measures for the Payment of Litigation Costs". Practical advice: During the marriage, pay attention to the flow of large amounts of funds and keep family account books; before divorce, retrieve the bank statements and credit reports of both parties to screen for hidden debts; require the other party to provide evidence of the authenticity and purpose of the questionable IOUs; if fraudulent documents are discovered, promptly apply for a court investigation order and claim a reduced share of property for the other party; if necessary, report the case to the police to fix clues. For disputes over debt enforcement, refer to the relevant provisions of the Civil Code and the "Measures for the Payment of Litigation Costs".Divorce litigation and family dispute resolution servicesAdvance.

5. Henglu Law Firm's Reminder

When facing debt claims in a divorce, remember the principle of "who asserts, who bears the burden of proof". The non-debtor party does not need to panic. The key questions are whether they signed the debt agreement, whether they were aware of the debt, and whether the debt was used for the family's common life. Debts without actual transaction records and reasonable purposes will generally not be recognized by the court. If you discover that your spouse has falsified debts, you should immediately collect chat records, bank transaction records, and witness evidence, apply for investigation and evidence collection in a timely manner, and claim that the other party should be awarded a smaller share of the property according to Article 1092 of the Civil Code. Never admit false debts out of guilt. It is recommended to consult a professional lawyer as soon as possible to develop a countermeasures plan through divorce litigation and family dispute services.

VI. Frequently Asked Questions

Q1: If the other party fabricates debts during the divorce, will the court support it? Can I win the case?

Of course, I don't support it, and there's no such thing as a "guaranteed victory". The outcome depends on the evidence. According to Article 1064 of the Civil Code, joint debts require joint signing, subsequent acknowledgement, or being used for daily family life. If the other party unilaterally fabricates debts without actual transaction records or reasonable purposes, the court usually won't recognize them. In this case, the debt of 1 million yuan was not supported due to a lack of evidence. However, if the other party can prove that the debt is genuine and used for family purposes, it may be recognized as a joint debt. The key is whether you can provide counter-evidence or point out the flaws in the evidence. It is recommended not to easily believe in the promised results, but to focus on confronting the evidence and, if necessary, apply to the court to retrieve the fund flow records.

Q2: If I suspect that the other party has fabricated a debt, what evidence do I need to prepare?

The core counter-evidence includes: the bank statements and credit reports of both parties (to investigate hidden loans and the whereabouts of the funds); the promissory notes and transfer records claimed by the other party, to verify whether they truly correspond to each other; family account books and expenditure records (to prove that the family did not need this sum of money); chat records and audio recordings (to prove that the debt was forged or the other party admitted it); and witness testimonies. The goal of organizing evidence is to prove that "there was no real loan" or "the money was not used for the family's common life". If clues are found, you can apply for a court investigation order to retrieve the accounts of the other party and third parties. The more comprehensive the materials are, the more powerful the rebuttal will be. If necessary, you can hire a lawyer to assist in obtaining evidence.

Q3: How much does it cost in attorney's fees and litigation fees to deal with disputes over fictitious debts in a divorce case?

The litigation fees shall be calculated based on the amount of the dispute and accumulated in stages in accordance with the "Measures for the Payment of Litigation Fees", and shall be borne by the losing party; the debt rebuttal itself is usually part of a property division case, and the fees are included in the overall divorce property litigation accounting. The attorney's fees are calculated based on the complexity of the case, the property subject matter, and the workload, either on a per-case basis or as a percentage of the property value, with the specific fees subject to the terms of the contract. There is no standard pricing. Compared with being saddled with hundreds of thousands of yuan in fictitious debts, the cost of professional defense is usually far lower than the losses. It is recommended to clarify the charging methods and scope before entrusting a lawyer, and for major property disputes, you can request the law firm to provide a fee estimate.

Q4: How long does it usually take to investigate and resolve divorce-related debt disputes?

The timeframe depends on the complexity of the evidence and whether an investigation into evidence collection is necessary. First-instance ordinary procedures are concluded within six months, and simplified procedures within three months; cases involving applications for investigation orders, audits, or the addition of creditors will take longer. If the authenticity of the debt needs judicial appraisal or cross-bank retrieval of transaction records, the timeframe will be correspondingly extended. Overall, it often takes several months from the filing of the case to the issuance of a judgment on property division. It is recommended to start screening transaction records before divorce litigation to avoid discovering debts only at the trial and having to deal with them urgently. For cases involving enforcement, it can be combined with other measures.Creditor-debtor relations and enforcement case servicesFollow-up recovery of compensation.

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

Four suggestions: 1. Stay calm and refuse to acknowledge any false debts. Demand that the other party present the original promissory note and bank transaction records. 2. Retrieve the bank transaction records and credit reports of both parties and their related parties either by yourself or through a lawyer, to establish evidence that the funds did not flow into the family. 3. Collect evidence such as chat records and audio recordings to prove the debts were fabricated. If necessary, report the case to the police or apply for a court investigation order. 4. In the divorce property division, claim that the other party should receive a smaller share or no share of the property based on Article 1092 of the Civil Code. Throughout the process, maintain the evidence chain, consult a professional lawyer as soon as possible, and use the divorce litigation and family dispute service system to defend your rights.

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 Hengluo Law Firm for specific situations.

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·Attorney Li Yonghui·Beijing Henglu 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. In case of disputes, please consult a practicing lawyer in time.