[Direct answer]After receiving the complaint, don't panic. The core of the defense is to challenge the nature of the debt: according to Article 1064 of the Civil Code of the People's Republic of China, only debts signed by both spouses, acknowledged by one spouse after the fact, or debts incurred by one spouse for the daily needs of the family are considered joint debts; debts incurred by one spouse in excess of daily needs are generally not considered joint debts, and the creditor must provide evidence to prove that the funds were used for the couple's common life or joint production and operation. Steps of the defense: within 15 days from the date of receipt of the copy of the complaint, submit a defense statement; cross-examine the borrower's signature, transfer records, and the purpose of the funds; review procedural defenses such as the statute of limitations; if it is indeed a joint debt, you can strive for a mediation agreement with installment payments and retain the right to seek recourse from the other party. You can first try toCreditor-debtor relations and enforcement case servicesEvaluate the litigation response plan.

1. Problem background and typical scenarios

After divorce, being sued by the former spouse's creditors for joint repayment of debts is a common dispute involving family affairs and debts. Common situations include: one party borrowing a large sum of money in his/her own name during the marriage, and the creditor suing both spouses after the divorce; a promissory note signed by only one party, with the creditor claiming joint repayment on the grounds that the loan occurred during the marriage; a divorce agreement stating that the debts belong to one party, but the creditor still pursues recovery from the other party; and even false lawsuits involving forged promissory notes and fabricated debts. The party being sued is often unaware of the loans and feels both aggrieved and angry. At this time, two reactions should be avoided: first, ignoring the lawsuit, as the court may determine joint debts based solely on the promissory note and the marital relationship; second, making oral or written commitments to repay the debt in a panic, which will ultimately confirm the creditor's claim.

II. Key points of contention

  • Determination of the nature of the debt: joint debt signing, subsequent recognition, daily needs of the family, and the purpose of the creditor's evidence exceeding daily needs. These four boundaries directly determine whether the debtor should bear responsibility.
  • The allocation of the burden of proof: For large loans exceeding the daily needs of the family, the burden of proving that the funds were used for common living and joint production and operation lies with the creditor, and the defendant is not just a passive victim.
  • The conflict between internal agreements and external legal effects: The divorce agreement assigns debts to one party, which cannot be used to oppose creditors; if the party assumes debts exceeding his or her share, he or she can only seek compensation afterwards.
  • Identifying false and illegal debts: Forged debts are not protected, and illegal debts such as gambling debts are not legally binding. These debts must be exposed through evidence of the flow of funds.

III. Professional analysis by Henglue Law Firm

恒略律师建议把应诉拆成三步走。第一步审性质：对照《中华人民共和国民法典》第一千零六十四条逐项核查，有无共同签名或事后追认，短信、微信中答应想办法还款的表述也可能被认定为追认，要特别小心；金额是否属于家庭日常生活需要范围，可对照当地消费水平与家庭收入结构；超出日常需要的，要求债权人拿出款项流向与用途证据，举证不能的法院不应判决配偶承担责任。第二步查证据：核对借条原件与签名真伪，必要时申请笔迹鉴定；申请法院调取借款到账账户的银行流水，追踪资金是否流向投资投机、第三人账户或违法用途；对照家庭同期收入与重大支出，证明家庭无需举债维持日常。第三步用程序：审查诉讼时效，依《中华人民共和国民法典》第一百八十八条普通时效为三年；审查管辖是否合法；对方证据不足的，争取驳回对其本人的诉讼请求；证据上确属共同债务的，可考虑调解分期履行并保留追偿凭证。涉及经营性借款、合同条款争议的，还可结合Business and contract dispute resolution services for enterprisesComprehensive evaluation.

IV. Practical suggestions and legal basis

Legal basis: Article 1064 of the Civil Code of the People's Republic of China establishes the rules for identifying joint debts of spouses; Article 1089 stipulates that joint debts of spouses shall be repaid jointly upon divorce. If the joint property is insufficient to repay the debts or the property belongs to each party separately, the parties shall repay the debts by agreement, and if no agreement can be reached, the People's Court shall make a judgment; Article 33 of the Interpretation of the Marriage and Family Chapter of the Civil Code of the People's Republic of China by the Supreme People's Court stipulates that if a creditor claims rights against the spouse of a debtor for a personal debt incurred before marriage, the People's Court shall not support such claims, unless the creditor can prove that the debt was used for the common life of the couple after marriage; Article 35 stipulates that the handling of property division in a divorce agreement or legal document shall not affect the creditor's right to claim against both parties for joint debts of the spouses. Practical suggestions: Submit a defense statement within 15 days after receiving a copy of the complaint to avoid a default judgment; organize materials such as the divorce agreement, separation certificates, and income certificates for future reference; never verbally agree to repay the debt or sign any document confirming the debt during the litigation; if the court orders you to bear responsibility, keep payment receipts to recover the debt from the other party according to the divorce agreement.

5. Henglu Law Firm's Advice

When being pursued for debts of a former spouse, there are two things to avoid at all costs: first, not appearing in court. If you don't attend the trial, you may be ordered to bear joint liability solely based on the promissory note and the marital relationship; second, making a hasty promise to repay the debt. Even a simple statement like "I'll find a way" in WeChat could constitute an acknowledgment of the debt. The correct approach is to first contest the nature of the debt, then review the evidence, and finally negotiate a solution. The key focus should be on the specific use of each sum of money. The provisions regarding debt attribution in the divorce agreement are still valid internally, but they cannot stop creditors from pursuing claims. If the repayment exceeds the agreed share, you can recover the overpaid amount from your former spouse based on the agreement and payment receipts, and if necessary, file a separate claim for recovery. For case-specific assessments, you can contact us for further consultation.Divorce litigation and legal services for family disputesOrBeijing Henglu Law FirmConsult on litigation strategies.

Q1: The promissory note only has my ex-wife's signature. Why was I also sued?

Creditors often claim joint and several repayment on the grounds that the loan occurred during the marriage, but the signature is just the starting point of the review. According to Article 1064 of the Civil Code of the People's Republic of China, if there is no joint signature and no subsequent recognition, only debts incurred for the daily needs of the family are considered joint debts; for large-scale loans that are obviously beyond daily needs, the creditor must prove that the funds are used for the couple's common life or joint production and operation. If the creditor fails to provide evidence, the court will not hold you liable solely on the basis of the marital relationship. When defending against the lawsuit, you should focus on organizing defense evidence around the gap between the loan amount and the family's consumption level, and the actual flow of funds. If necessary, you can apply to retrieve the transaction records.

Q2: The divorce agreement states that all debts belong to the other party. Do I still need to repay them?

Externally, you may still need to bear the responsibility, but internally, you can seek compensation. According to Article 35 of the Judicial Interpretation of the Marriage and Family Code (I), the division of property and debts in the divorce agreement is only effective between the spouses and cannot be used against the creditor; if the debt is identified as a joint debt, the creditor can still claim against both parties. After you repay the portion exceeding the agreed share, you can seek compensation from your former spouse in accordance with the divorce agreement, and keep evidence such as the mediation agreement, judgment, and payment receipts; if the debt itself is not a joint debt, you should defend against it based on its nature in the litigation, rather than using the divorce agreement as the only shield.

Q3: How to prove that this loan was not used for family life?

The evidence can be provided from two aspects: capital flow and household expenditure. The court can be asked to retrieve the bank statements of the borrowed funds' arrival account to track whether the funds have been transferred to other accounts, used for investment and speculation, repayment of old debts, or personal consumption; at the same time, submit the household income certificate and daily expenditure structure to prove that the family's expenditure does not rely on the borrowed funds; if the borrowing time does not correspond to the family's major expenditures (purchasing a house, education, and medical treatment), it is also a favorable counter-evidence. For borrowing that exceeds daily living needs, the burden of proof of the purpose of the borrowing lies with the creditor, but if you actively provide bank statement clues, it can significantly increase the success rate of defense. Passively waiting often misses the opportunity to fix evidence.

Q4: Will the debts my ex-wife incurred before our marriage also fall on me?

Generally, this won't happen. According to Article 33 of the First Judicial Interpretation of the Marriage and Family Code, if a creditor claims rights against the debtor's spouse for a personal debt incurred by one party before marriage, the people's court shall not support it; unless the creditor can prove that the debt is used for the common life of the couple after marriage. That is to say, if the premarital loan is actually used for purchasing a house, decorating, or meeting common living expenses after marriage, there is still a possibility that it will be recognized as a jointly assumed debt. When defending against the lawsuit, it is necessary to distinguish between the time of the loan and its actual use. For premarital debts, it is important to verify whether the funds have truly entered the couple's common life after marriage, so as to avoid making a general admission of liability in the defense.

Q5: If I am ultimately found liable for repayment, what should I do?

The process can be divided into two steps. Firstly, comply with the court's judgment to avoid being subject to forced execution, restricted high-consumption, or inclusion in the credit blacklist. Those under great pressure can strive for installment payment during the enforcement stage. Secondly, claim compensation from the former spouse based on the divorce agreement or effective legal documents. Separately, file a lawsuit for the right to claim compensation, and submit payment receipts, the divorce agreement, and the original judgment documents. The lawsuit for claiming compensation does not conflict with the original debt judgment. If it is found that the original case involves forged promissory notes, false statements, etc., one can also apply for a retrial according to law to correct the erroneous findings and be exempted from corresponding responsibilities after the correction.

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 to avoid missing the statutory time limits.Legal services for creditor-debtor disputes·Beijing Henglue Law Firm