[Direct answer]In principle, the debts incurred by one party through gambling do not require the other party to repay jointly. According to Article 1064 of the Civil Code, marital joint debts are limited to those incurred through joint expressions of intent, such as both parties signing an agreement or one party's subsequent acknowledgement, as well as debts incurred by one party for the daily needs of the family. For debts exceeding daily needs, the creditor must provide evidence that the funds were used for the couple's common life or joint production and operation. Gambling is an illegal activity, and gambling debts clearly do not fall under "the daily needs of the family". Article 34 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China further clarifies that if a spouse incurs debts through illegal criminal activities such as gambling or drug addiction, and the third party claims that these debts are marital joint debts, the people's court shall not support such claims. When being harassed for repayment, do not make verbal promises to repay. Pay attention to preserving evidence of the flow of funds, and seek legal advice if necessary.Family law attorney，详见Beijing Henglue Law Firm.

I. Legal basis and interpretation of provisions

1. Article 1064 of the Civil Code of the People's Republic of China (effective on January 1, 2021)

The article establishes the principle of "joint debt and joint signature", and delineates the boundaries of joint debt in a hierarchical manner: 1. The first layer: debts jointly signed or subsequently ratified by both parties, arising from a common intention to act; 2. The second layer: debts incurred by one party in the name of the family for daily living needs, such as daily purchases, children's education, and medical expenses; 3. The third layer: debts exceeding daily living needs are presumed to be the borrower's personal debts, except where the creditor can prove that the debts are used for the couple's joint life, joint production and operation, or based on the common intention of both parties. Gambling loans do not fall into any of the above categories. The burden of proof lies with the creditor, and the actual use of the funds shall be the determining factor.

2. Article 34 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (effective January 1, 2021)

This article sets forth safeguards against two types of debts: if one spouse colludes with a third party to fabricate debts, such claims will not be supported; if a spouse incurs debts in illegal activities such as gambling and drug abuse, and the third party demands joint repayment, such claims will not be supported. The legislative purpose is to prevent illegal debts and false debts from being transferred to the spouse who is not at fault. However, it should be noted that if the creditor can prove that although part of the loan was squandered, another part was actually used for family expenses, the court may still determine the actual use of the funds. Therefore, it is not enough to simply defend with the argument that "this is a gambling debt"; it is also necessary to conduct a review of the flow of funds.

3. Practical adjudication guidelines

When reviewing gambling-related disputes, courts typically focus on three key points: the purpose of the loan, the flow of funds, and whether the family benefited from the money. If the IOU states "household use", but the funds are transferred to a gambling venue and lost to specific individuals on the same night, the transfer records and chat logs will expose the true purpose of the transaction. The administrative punishment decision issued by the public security organ is the core evidence proving the fact of gambling. Additionally, if one party gambles and squanders the couple's jointly owned property for a long time, according to Article 1092 of the Civil Code, the non-fault party may receive a smaller share or no share of the property during the divorce settlement, and the non-fault party should actively provide evidence of the squandering facts.

II. Practical experience of Henglue Law Firm

Based on Henglue's practical experience in handling marriage and family cases, there are three common forms of gambling debt disputes: First, the creditor sues both spouses with a promissory note and demands that the spouse jointly repay the debt; Second, in divorce litigation, one party suddenly raises a large amount of "joint debt" and demands to share it, but it is actually the gambling debt incurred by himself or his relatives; Third, collection agents continue to pressure spouses and parents, forcing family members to "pay first and then talk".

The judges' rulings tend to be relatively consistent: based on Article 1064 of the Civil Code, they first ask whether there is a joint signature or subsequent acknowledgement, then whether it belongs to daily family affairs, and finally check the fund flow and actual purpose of use. Claims of "family expenses" with only promissory notes but no evidence of fund flow are generally difficult to gain support. There are three pitfalls that parties are most likely to fall into: admitting or writing a repayment commitment verbally when being chased for repayment, which is equivalent to subsequent acknowledgement; using the couple's joint account to repay the other party's gambling debts, resulting in property confusion and increased difficulty in division; thinking that not attending the trial means not being responsible, but actually losing the opportunity to cross-examine witnesses by absenting themselves from the trial. When encountering such disputes, it is necessary to fix the fund flow, punishment records, and chat records as soon as possible, and to explain the nature of the debt in writing. Relevant services can be referred to for reference.Divorce litigation and legal services for family disputesFor details of the program and evidence-gathering strategies, please refer to the following document.Beijing Henglu Law Firm.

III. Frequently Asked Questions

Q1: Is it still useful to write "for family expenses" on the IOU?

The title does not equal the purpose. The court will not determine a joint debt solely based on the words "family expenses" on the invoice, but will verify the transfer time, the receiving account, and the ultimate destination of the funds. If the funds are transferred to online gambling platforms or accounts of third parties and are quickly squandered, and there are supporting evidence such as public security penalties and chat records, the disguised purpose will be exposed. The spouse should apply to retrieve the complete bank transaction records and present the entire fund flow chain to the court.

Q2: I paid off my spouse's gambling debts. Can I get the money back?

Gambling debts do not belong to the couple's joint debts and therefore do not need to be repaid. If one party is forced to repay the debt with the couple's joint property, they can claim that the other party should receive a smaller share of the property in the divorce settlement according to Article 1092 of the Civil Code. In practice, there is also a path to claim repayment based on unjust enrichment, but it is necessary to keep evidence such as repayment receipts and collection records. The key is not to make any declaration of acknowledging the debt and to consult a lawyer as soon as possible to choose the best solution.

Q3: What should I do if the other party produces a promissory note for gambling debts during the divorce and demands that I share the responsibility for repayment?

There's no need to panic. According to Article 1064 of the Civil Code, debts exceeding the daily needs of the family shall be proven by the claimant to be used for common life or joint operation. You should cross-examine the authenticity of the IOU, the flow of funds and the actual purpose of use, and if necessary, apply for obtaining the bank transaction records and adding the actual recipient as a third party. If you find that the debt was fabricated in collusion with a third party, you can directly raise an objection according to Article 34 of the Interpretation of the Marriage and Family Code (I) and claim that the party who forged the debt should receive a smaller share of the property.

Q4: What should I do if the collectors keep harassing me and my family?

First, clarify the written position: The debt has nothing to do with me, and I will not make any repayment commitment to avoid being retroactively recognized. For harassment, intimidation, and door-to-door disturbance, keep the call recordings and screenshots of the text messages and report them to the police in time. Violent collection can be punished according to the Public Security Administration Punishment Law and even subject to criminal prosecution. At the same time, you can require the collection party to present the creditor's vouchers and evidence of the use of the funds. If the use of the funds cannot be verified, there is no obligation to repay the debt. Never compromise privately under pressure.

Q5: How can I prove that the money in question is a gambling debt?

The chain of evidence typically includes: a public security administrative punishment decision or criminal document proving the fact of gambling; records of entering and leaving casinos and purchasing chips before and after borrowing money; chat records with the lender containing expressions such as "recover losses" and "place bets"; and a detailed record of the funds being transferred to specific individuals' accounts and squandered within a short period of time after the borrowing. The more coherent the evidence is, the greater the court's confidence in excluding the recognition of joint debts, and the spouse should preserve the above-mentioned materials as soon as possible.

IV. Suggestions for Protecting Rights and Interests

  • When being pursued for repayment, only respond in writing and never make verbal promises to repay or sign any confirmation documents on behalf of others.
  • Obtain the bank transaction records, public security punishment records, and chat records as soon as possible to determine the true destination of the funds.
  • In divorce litigation, if the other party claims "joint debts", cross-examine the purpose of each debt and apply for evidence adjustment.
  • If the other party gambles and squanders the common property, keep the evidence to claim a smaller share or no share of the property.
  • If you encounter violent debt collection, report it to the police immediately and use legal procedures to confirm the nature of the debt rather than settling the matter privately.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Divorce litigation legal services·Beijing Henglu Law Firm