[Direct answer]In the Beijing area, if the other party falsifies debts during the divorce to seize more property and attempts to make you share the burden, such false debts will not be supported by the court. According to Article 1064 of the Civil Code of the People's Republic of China, joint debts of a couple must be based on the joint signature of both parties, retroactive acknowledgment, or used for the needs of daily family life. Debts exceeding daily needs and not based on the joint intention of both parties are generally not considered joint debts. If one party falsifies debts and appropriates the other party's property during the divorce, the other party can request a smaller share or no share according to Article 1092. It is recommended that you firmly defend yourself, verify the authenticity of each creditor's claim one by one, and, if necessary, apply to the court to investigate the bank statements and the time of forming the IOUs. If you find any falsification, you should fix the evidence and claim the other party's fault. For more details, please refer to the following link:Divorce litigation and legal services for family disputes.

1. Problem background and typical scenarios

In divorce disputes, forging debts is a common tactic. Typical scenarios include: the other party suddenly producing IOUs from relatives or friends, claiming that the loans during the marriage were used for family expenses; packaging personal extravagance as joint debts; colluding with relatives to fabricate large-scale loans and forge transfer records; and repeatedly claiming debts that have already been repaid. Many litigants are forced to accept unreasonable debt-sharing due to the hassle of dealing with it or insufficient evidence. The law is becoming stricter in identifying joint debts. Debts signed by one party alone or debts borrowed unilaterally that are not used for family purposes are unlikely to be recognized as joint debts. In cases involving the authenticity of debts, the following can be considered:Creditor-debtor relations and enforcement case servicesVerify.

II. Key points of dispute

There are three key points to focus on. Firstly, the nature of the debt: whether it is a joint debt of the couple depends on whether there is a joint intention to incur the debt and whether the debt is used for daily family life or joint production and operation. Generally, large-sum debts incurred unilaterally and not used for family purposes do not constitute joint debts. Secondly, authenticity: whether the promissory note is backdated, whether the transfer of funds is genuine, and whether the funds have been repatriated are key to detecting forgeries. Thirdly, consequences: the party who forged the document may be awarded a smaller share or no share under the Civil Code, and the party whose rights have been infringed may request a re-division of the assets. For complex assets and cases involving holding assets on behalf of others, reference can be made to relevant provisions.Inheritance succession and family property division servicesClarify the ownership rights.

III. Professional analysis by Hengluo Law Firm

Based on practical experience in handling divorce property cases, forged debts are most easily exposed in the "chain of evidence". Common loopholes include: promissory notes only signed by the other party without your confirmation; so-called loans without corresponding bank transactions or funds flowing back to the lender on the same day; loan amounts that are clearly inconsistent with family expenses; and the lender being a close relative of the other party who cannot explain the purpose of the funds. In practice, courts are more rigorous in reviewing sudden debts that arise during divorce, requiring creditors to appear in court or provide additional evidence. Hengluo Lawyers usually suggest: requiring the other party to provide contracts, transaction records, and proof of use for each debt; applying to the court to retrieve the flow of funds; and, if necessary, initiating an appraisal to determine the time of formation of the promissory note, in order to refute false claims. Professional support can be obtained through the following means:Special services and other case services.

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) (three elements for identifying joint debts of spouses), Article 1092 (falsifying debts and embezzling property may result in a smaller or no share of the marital property), and the rules for handling debts falsified by one party in the "Several Specific Opinions of the Supreme People's Court on Handling Property Division in Divorce Cases"; together with the Civil Procedure Law regarding the burden of proof and sanctions for obstructing litigation. Practical suggestions: Cross-examine each debt claimed by the other party one by one; apply to the court to retrieve bank statements and promissory notes to determine the time of their formation; if a relative suddenly demands repayment of a debt, require the creditor to appear in court; if new evidence is discovered after the divorce, request a second division of marital property. For enterprise debts, relevant evidence may be combined with other materials to determine the creditor's responsibility.Business and contract dispute resolution services for enterprisesDetermine the nature of it.

5. Hengluo Law Firm's Reminder

When faced with the other party's falsified debts, do not silently accept and share the responsibility. First, require the other party to fully disclose the contracts, transaction records, and the purpose of the debts, and refuse to accept empty debts with only promissory notes but no evidence of the funds. Second, apply to the court to investigate the flow of funds and authenticate the time of the promissory notes, exposing the repayment and backdated signatures. Third, in the division of assets, claim that the other party should receive a smaller share or no share according to the Civil Code. If evidence is difficult to obtain or the other party adopts a hardline attitude, it is recommended to hire a professional lawyer to assist with the case.Inheritance succession and family property division servicesThe experience of protecting one's legitimate property rights.

VI. Frequently Asked Questions

Q1: If the other party forges a debt, will the court make me share the responsibility? Can it be detected?

The court will not support false debts. According to Article 1064 of the Civil Code, joint debts require a joint intention or be used for daily family life. If the other party unilaterally fabricates debts that are not used for family purposes, they do not constitute joint debts. The court strictly reviews debts that suddenly arise during the divorce process, requiring transaction records, the purpose of the funds, and the lender's appearance in court to provide evidence. The key to detecting fraudulent debts lies in the flow of funds: no real transfers, funds being repatriated on the same day, backdated promissory notes, and lenders being close relatives who cannot explain the purpose of the funds are all typical red flags. As long as you actively cross-examine and apply for an investigation, it will be difficult for fraudulent debts to be accepted, and the other party may even be penalized for their negligence.

Q2: What evidence do I need to prepare to expose a forged debt?

The core evidence includes: the promissory note or contract claimed by the other party as proof of the debt; the corresponding bank transaction records (to prove whether there was a real transfer and whether the funds were returned); proof that you were unaware of and did not ratify the debt; records of your family's actual expenses (to prove that the loan was not used for daily living); proof of the other party's kinship or affiliation with the lender; and clues in the chat records showing that the other party admitted to fabricating the debt. The organization of the evidence should focus on three points: "no common intention, no actual delivery, and not used for family purposes". If the transaction records are missing, you can apply to the court to retrieve them; if there are doubts about the formation time of the promissory note, you can apply for a judicial appraisal. The more complete the materials are, the more likely it is to refute the false creditor's claim.

Q3: How much do defense and litigation cost?

If the case is handled together with the divorce proceedings, there is usually no additional high fee charged, and the litigation fee is calculated based on the amount of the divorce case. If new clues are discovered after the divorce and a separate lawsuit is filed to request another division, the litigation fee shall be paid in stages and cumulatively according to the amount of the disputed property. The attorney's fee is charged based on the complexity of the case, the amount of evidence retrieval work, and the attorney's qualifications, either per case or as a percentage of the amount in dispute, subject to the contract of engagement. There is no unified standard. It is recommended to raise objections to the forged debts at the divorce stage to avoid increasing the cost of separate litigation; and to clarify the scope of fees with the law firm before entrusting them, and to weigh the relationship between recovering and transferring the funds and the fees.

Q4: How long does it usually take from discovering the forgery to having the debt rejected?

The timeframe depends on whether it is handled together with the divorce. If the defendant contests it during the divorce proceedings, the court will review it together with the case. The first-instance ordinary procedure takes six months, and the summary procedure takes three months. If it is necessary to appraise the formation time of the IOU, the timeframe will be extended accordingly. If it is discovered after the divorce, it is necessary to file a separate lawsuit to request another division, and the timeframe will be extended by several months. Overall, it is faster to handle it together with the case, and it takes longer to litigate separately. It is recommended to apply for investigation and appraisal immediately upon discovering clues to avoid missing the evidence-presentation period. If new evidence is discovered after the judgment takes effect, it is necessary to claim it within the statute of limitations in a timely manner to prevent the loss of rights.

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

Four steps: First, require the other party to fully disclose all debt contracts, transaction records, and usage purposes, and reject empty debts with only promissory notes but no evidence of actual funds; Second, apply to the court to retrieve bank transaction records for abnormal debts, and track whether the funds have been repatriated or used for family purposes; Third, apply for a judicial appraisal of the formation time and authenticity of the promissory notes, and request the creditor to appear in court for questioning; Fourth, claim that the other party should receive a smaller share or no share in the property division according to the Civil Code, and request a re-division if new evidence is discovered after the divorce. Throughout the process, keep communication records, and if necessary, hire a lawyer to investigate, shifting the burden of proof to the other party to avoid being involved in false debts without realizing it.

This article is written based on the common judicial interpretation 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 Hengluo Law Firm

Disclaimer: This article is compiled based on 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 you encounter disputes, please consult a practicing lawyer in time.