[Direct answer]In the Beijing area, joint debts are repaid by both parties jointly, and personal debts are borne by individuals. According to Article 1064 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021), debts incurred by a joint expression of intent, such as a joint signature by both spouses or the subsequent recognition by one spouse, as well as debts incurred by one spouse in the name of the family for daily living needs during the marriage, are considered joint debts of the couple. Debts incurred by one spouse in the name of the family beyond daily living needs during the marriage are not considered joint debts of the couple, unless the creditor can prove that the debt was used for the couple's common life, common production and operation, or based on the joint expression of intent of both parties. Article 1089 stipulates that during divorce, joint debts of the couple shall be repaid jointly; if the joint property is insufficient to repay the debts or the property belongs to each party individually, the parties shall repay the debts by agreement, and if no agreement can be reached, the people's court shall adjudicate the repayment.

I. Problem background and typical scenarios

"Does the other party's debt outside the marriage need to be repaid by me after divorce?" This is a frequently asked question. Common scenarios include: one party using a credit card to pay for family daily expenses and accumulating debt, one party borrowing money from outside sources for business operations, one party providing guarantees for relatives' loans, and sudden borrowing before or after divorce. In Beijing, the court usually judges the debts based on three levels: "joint debt with joint signatures", "family daily living needs", and "actual use". It does not automatically consider all debts incurred during the marriage as joint debts. What the parties are most concerned about is often that the other party colludes with third parties to fabricate debts, attempting to seize their share of the property during the division of assets.

II. Key points of contention

First, whether it conforms to the joint expression of intent, that is, joint debt signing or the subsequent recognition by one party. Second, whether it is for the needs of daily family life, and the excess part should be proven by the creditor. Third, whether it is used for joint production and operation, such as the shop or company jointly operated by the couple, and the operational debts incurred by the company. Fourth, false debts and malicious borrowing. If one party colludes with a third party to fabricate debts in an attempt to misappropriate the other party's property, it will not be protected by law, and in serious cases, the party may also bear corresponding responsibilities. Fifth, internal agreements and external effects. The agreement in the divorce agreement that "each party shall bear their own debts" mainly binds the couple and cannot be used against bona fide creditors. Creditors can still claim the joint debts from both parties.

III. Professional analysis by Henglue Law Firm

Take a foreign-related divorce and property division case handled by Henglue Law Firm as an example: The parties reached an agreement on the handling of property and debts, stipulating that the property under each party's name would belong to them individually, and the debts under each party's name would be borne by them individually. Since both parties were foreign nationals and could not register their divorce through the civil affairs department, Attorney Xiong Binrong used court litigation and mediation to dissolve the marriage relationship, and the court confirmed the arrangements for property and debts, making the agreement legally binding. This case shows that the assumption of debts can be clarified in the divorce plan, but it is necessary to distinguish between internal binding and external effectiveness. In practice, we usually first distinguish between joint debts and personal debts, and then review the authenticity of the debts: for debts with unclear origins, abnormally high amounts, signed by only one party, and lacking evidence of the use of funds, we require the other party and the creditor to provide evidence; for debts that are indeed joint debts, they should be handled together with the joint property during the division to avoid the imbalance of the property being divided while all the debts fall on one party. For operational debts and guarantee liabilities, we should also take into account the specific circumstances of the case.Business and contract disputes in enterprises、Creditor's rights and debts, and enforcement casesThis is a comprehensive judgment based on the rules. The case is handled by Beijing Henglu Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts on behalf of the client, relying on his accurate understanding of the local adjudicative principles and practical rules, to help the client achieve favorable results.

IV. Practical suggestions and legal basis

According to Articles 1064, 1087, and 1089 of the Civil Code of the People's Republic of China (effective January 1, 2021), as well as the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trials of Cases Involving Marital Debt Disputes (effective January 18, 2018), it is recommended to proceed in four steps: First, sort out all loans, guarantees, and credit card debts during the marriage and distinguish them one by one between joint debts and personal debts; Second, for suspected false debts, require the other party to provide promissory notes, transfer certificates, and the destination of the funds, and verify the identity of the creditor and the background of the transaction; Third, list the debts and the way of assuming them in the divorce agreement or mediation plan, and clarify the internal recourse relationship after each party has paid off the debts externally; Fourth, if the creditor claims that the debts are joint, focus on reviewing whether they were signed jointly, whether they were used for joint living or joint operation. The relevant litigation procedures can be referred to for reference.Divorce litigation and family disputesRegarding the preservation of property and subsequent enforcement, the two can be combined togetherCreditor's rights and debts, and enforcement casesArrange it.

5. Henglue Law Firm's Reminder

The determination of joint debts involves both rules and flexibility, and the key lies in evidence. Three reminders: First, do not casually sign and confirm on the other party's case materials, as the signature may be regarded as an acknowledgment of the debt; Second, if you find that the other party has suddenly borrowed money, fix the evidence of the time and fund flow in time, and claim that the debt does not belong to joint debts when dividing it; Third, the agreement on debt assumption in the divorce agreement is only valid within the couple, and the creditor may still claim against both parties. The party who has assumed a debt exceeding his or her share may recover the debt from the other party according to the agreement.Beijing Henglu Law FirmIt is recommended that the debt list, the way of assuming debts, and the provisions for recovery be clearly written down during the design stage of the divorce plan, so as to reduce disputes afterwards.

VI. Frequently Asked Questions

Q1: If the other party borrowed money during the marriage, do I have to repay it together with them in the divorce?

It depends on whether it belongs to joint debts. Debts signed by both parties or acknowledged by one party afterwards, as well as debts incurred for the daily needs of the family, belong to joint debts and should be repaid jointly; debts incurred by one party in his/her own name beyond the daily needs of the family are not, in principle, joint debts, unless the creditor can prove that they are used for common life, common production and operation, or that there is a common intention between the two parties.

Q2: What evidence do I need to prepare?

The promissory note or loan contract, transfer receipts and bank statements, proof of use, chat records and call recordings, credit card bills, as well as business materials and accounts that can reflect whether the debt was used for family life or joint operations.

Q3: How much does it usually cost to resolve such disputes?

The litigation fees are calculated in stages according to the amount of the disputed property, and the plaintiff shall pay them in advance. After the plaintiff wins the case, the losing party shall bear the corresponding portion of the fees. There are separate expenses for account audits, appraisals, or evaluations. The attorney's fees shall be determined by negotiation based on the amount of the subject matter or the stage of the litigation, and the agreement in the power of attorney shall prevail.

Q4: Approximately how long will the review process take?

Generally, divorce cases applying the simplified procedure are concluded within three months, and those applying the ordinary procedure take about six months. Cases involving investigations into the authenticity of debts, audits of accounts, or second-instance trials will take longer, so it is necessary to reserve time for these cases in the overall time schedule.

Q5: What should I do first?

First, sort out the loans, guarantees, and debts during the marriage one by one, distinguish between joint debts and personal debts, and focus on verifying those debts that are signed by only one party, involve large amounts, and have unclear purposes. After collecting solid evidence, decide whether to include them in the divorce settlement plan for processing.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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·Attorney Xiong Binrong·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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 a dispute arises, please consult a practicing lawyer in time.