[Direct answer]The litigation of joint debts between spouses involves two steps: identification and sharing. According to Article 1064 of the Civil Code, debts signed by both spouses, debts acknowledged by one spouse after the fact, or debts incurred by one spouse for the needs of daily family life are considered joint debts. Debts incurred by one spouse in excess of daily living needs in their own name are generally not considered joint debts, unless the creditor can prove that they were used for the couple's joint living or joint production and operation. In divorce disputes, the sharing of debts can be handled together in accordance with Article 1089, and legal advice can also be sought in this regard.Creditor-debtor relations and enforcement case servicesAndDivorce litigation and legal services for family disputesThe team evaluates the litigation response plan.

I. Problem Background and Typical Scenarios

One party taking on debt from external sources, creditors coming knocking, or deadlocks over the division of mortgage and business loans during divorce are typical scenarios where family matters intersect with debt disputes. Common disputes include: one spouse borrowing a large sum of money without the other's consent, and the lender suing both spouses for joint repayment; divorce agreements stipulating that the debt belongs to one party, but the creditor still pursuing recovery from the other party; one party forging debts in an attempt to seize assets during divorce; and demanding that the spouse share responsibility for loans used for illegal purposes such as gambling. Such disputes may either be adjudicated together with divorce litigation, or the creditor may sue both spouses in a separate case. The choice of legal procedure and the organization of evidence directly affect the outcome of the case.

II. Key points of dispute

  • Determining the nature of the debt: whether it is a "joint debt signed by both spouses", whether it is used for the family's daily life, and whether it is used for joint production and operation directly determines whether the spouse bears the repayment responsibility. The burden of proof shifts between the creditor and the couple according to the circumstances.
  • The conflict between internal agreements and external legal effect: A divorce agreement or judgment assigning debts to one party cannot be used against bona fide creditors; the party who assumes more debts than their share can only seek reimbursement from the other party afterwards.
  • Identifying fraudulent and illegal debts: Forged debts are not protected, and illegal debts such as gambling debts are not legally binding. Such debts need to be exposed through evidence of the flow and use of funds, and the forger should be held accountable for their share of the debt.

III. Professional analysis by Henglue Law Firm

The key to winning such lawsuits lies in identifying the purpose of the funds and ensuring that it aligns with the agreement between the two parties. In terms of defending against the lawsuit, the party required to repay the debt should ask the creditor to provide evidence of the authenticity of the loan, its purpose, and its connection to the family: review the signatories of the loan contract, the transfer records, and the correlation between the loan timing and major family expenses; for large loans exceeding daily living needs, according to Article 1064 of the Civil Code, the creditor must provide evidence that the funds were used for joint living, joint production and operation, or based on a joint intention. If the creditor fails to provide such evidence, the spouse shall not bear any liability. In terms of asserting rights, during divorce litigation, it is possible to request access to the other party's bank transaction records to identify unilateral large-scale borrowing and abnormal transfers; for the party who forged joint debts, it is possible to claim a smaller or no share of the property according to Article 1092 of the Civil Code. If the case involves issues such as the validity of private lending contracts, interest calculation, and its connection to business operations, it may also be necessary to involve other parties in the litigation.Business and contract dispute services for enterprisesTeam collaboration evaluation. Henglue Law Firm advises clients to sort out and preserve account information as soon as possible to avoid being at a disadvantage when providing evidence in court.

IV. Practical Suggestions and Legal Basis

The core basis is Article 1064 of the Civil Code (effective January 1, 2021): Debts incurred based on a joint intention expressed by both spouses, such as signing a contract jointly or one spouse's subsequent recognition of the debt, as well as debts incurred by one spouse in the name of the family for daily living needs during the marriage, are considered marital joint debts. Debts incurred by one spouse beyond the family's daily living needs are generally not considered marital joint debts, unless the creditor can prove that the debts were used for the couple's common life, joint production and operation, or based on a joint intention. Article 1089 stipulates that joint debts should be repaid jointly upon divorce, and if no agreement can be reached, the court shall adjudicate. Article 1066 allows a spouse to request a division of marital property when the other spouse falsifies joint debts or seriously damages the interests of marital property. According to Article 35 of the Judicial Interpretation of the Marriage and Family Code (I), the handling of property division in a divorce agreement or legal document does not affect the creditor's right to claim against both spouses for joint debts. After one spouse assumes the repayment responsibility, they may recover the debt from the other spouse according to the agreement or legal document. Before defending against or initiating a lawsuit, it is recommended to organize the evidence list from three perspectives: promissory notes, transaction records, and the purpose of the debt.

5. Henglue Law Firm's Reminder

The key to winning or losing a joint debt dispute lies in the evidence: the signing of promissory notes, transfer records, the use of funds, and the structure of household income and expenditure. These items must be proven in accordance with legal provisions. The party being pursued for debt repayment should avoid denying it verbally without providing evidence. If the debt is claimed to be the other party's personal debt, evidence should be collected around the two clues of "exceeding daily living needs and not being used for joint living". The party who inherits the debt in a divorce should understand that internal agreements cannot stop creditors from pursuing repayment. They should assert their claims separately and keep the relevant evidence. The statute of limitations, the timing of property preservation, and the choice of jurisdiction also affect the outcome. It is recommended to consult a professional lawyer as soon as possible after receiving collection or litigation notifications, and to proceed with the relevant procedures first.Beijing Henglue Law FirmFirst, gain experience in handling cases involving family disputes and debts, and then develop evidence-gathering and defense strategies.

Q1: If my spouse borrowed money behind my back, do I have to repay it together with them?

Not necessarily. According to Article 1064 of the Civil Code, only debts signed by both spouses, ratified by one spouse after the fact, or debts incurred by one spouse for the needs of daily family life are considered marital joint debts. Debts incurred by one spouse in excess of the needs of daily family life are not, in principle, joint debts, unless the creditor can prove that the loan was used for the couple's joint life, joint production and operation, or based on the couple's joint intention. Therefore, when being sued, there's no need to blindly admit the debt. Instead, one should review whether the loan amount is obviously exceeding the family's daily consumption level, and where the funds actually went. One should also present evidence and defend against the claim based on these points, and, if necessary, hire a lawyer to investigate the use of the funds and apply for the retrieval of transaction records.

Q2: Is a promissory note signed by only one party considered a joint debt of the couple?

It depends on the purpose and amount of the loan. If the promissory note is signed by only one party, it indicates that there is no "joint debt and joint signature". In this case, whether the debt is jointly assumed depends on two factors: First, whether the amount falls within the scope of the family's daily living needs, such as reasonable expenses for daily clothing, food, housing, transportation, children's education, and general medical care. Generally, it is deemed a joint debt. Second, for amounts exceeding daily needs, the creditor claiming a joint debt must provide evidence to prove that the funds were used for joint living or joint production and operation. If the creditor fails to provide such evidence, the signatory party shall bear the responsibility alone. If the lender demands repayment from the other party solely on the grounds of their marital relationship, the court generally will not support such claims. The other party should actively present evidence of financial transactions and counter-evidence.

Q3: If the divorce agreement stipulates that all debts belong to the other party, can the creditors still come after me?

Yes. The agreement on debt sharing in the divorce agreement is only effective within the couple and cannot be used against the creditor. According to Article 35 of the Judicial Interpretation of the Marriage and Family Code (I), if the divorce agreement or the court's legal document has already dealt with the division of property, the creditor still has the right to claim rights against both parties for the couple's joint debts; after one party assumes the repayment responsibility, he/she may recover the debt from the other party in accordance with the agreement or legal document. Therefore, a "clean" divorce agreement does not exempt the parties from their external liabilities. If the debt itself is not a joint debt, the party should raise objections to its nature in the litigation; if it is indeed a joint debt, the party should repay it first and then recover the debt according to the agreement, and pay attention to keeping the payment receipts and communication records.

Q4: How to prove that the money borrowed by the other party was not used for family life?

Evidence can be provided from two aspects: the flow of funds and household expenditure. First, check the bank statements of the borrower's account to track whether the funds have been transferred to other accounts or used for investment, speculation, or personal consumption. Second, compare the household income structure with the large-scale expenditure during the same period to prove that the family's expenses are sufficient to cover daily needs and there is no need to borrow money. Third, collect the borrower's purpose statement at the time of borrowing and statements in the chat records that are unrelated to the family. Regarding the burden of proof, the creditor should provide evidence that the large-scale borrowing exceeding daily needs is used for common life. The spouse should actively provide bank statement clues and counter-evidence. Passively waiting for the other party to provide evidence often misses the best opportunity to fix evidence. If necessary, apply for a court investigation order.

Q5: Do I have to repay the gambling debts owed by the other party together with them?

No. Debts arising from illegal activities such as gambling violate public order and good morals and are not protected by law. The so-called "gambling debts" claimed by the lender are inherently invalid, and they do not constitute marital joint debts. Even if the loan appears in the form of a promissory note, as long as it can be proven that the funds were actually used for illegal purposes such as gambling, the spouse will not bear the repayment responsibility, and the signing party may raise a defense against the illegal use of the funds. In practice, it is necessary to collect evidence of the other party's involvement in gambling and records of the flow of funds. If the other party falsifies marital joint debts in an attempt to seize assets during the divorce, the spouse may, in accordance with Article 1092 of the Civil Code, claim a smaller share or no share of the assets and demand that the other party be held accountable for the corresponding responsibilities.

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 Henglu Law Firm