[Direct answer]In the Beijing area, whether to repay the other party's debts during a divorce depends on whether the debt belongs to a marital joint debt. According to Article 1064 of the Civil Code of the People's Republic of China, debts signed by both spouses or acknowledged by one party after the fact, and debts incurred by one party in the name of the family for daily living needs, are considered marital joint debts. Debts incurred by one party in the name of the family beyond daily living needs are, in principle, not considered marital joint debts, unless the creditor can prove that they are used for the couple's common life, joint production and operation, or the mutual intention of both parties. Article 1089 stipulates that marital joint debts should be repaid jointly during a divorce, and personal debts should be repaid by the borrower himself. It is recommended to fix the IOUs and transfer receipts as soon as possible.

I. Problem background and typical scenarios

"Being in debt" is a common problem in divorce cases: one party borrows money outside the marriage, and the other party only finds out after receiving a court summons or having their account frozen, fearing that they will still have to repay the debt for the other party after the divorce. Common situations include spouses borrowing money from relatives and friends or small loan institutions in their own names, owing debts to others after operating losses, long-term overdrafts on credit cards and online loans, providing guarantees for others' loans, and illegal debts such as gambling and even collusion to fabricate debts. When the Beijing area courts handle such disputes, they usually require creditors to provide evidence of the purpose of the debt and the joint intention, rather than presuming joint liability solely based on the marital relationship. For debt recovery and enforcement procedures, reference can be made to the relevant provisions of the Civil Procedure Law of the People's Republic of China.Creditor-debtor relations and enforcement case servicesThe litigation process for family law cases can be understood firstDivorce litigation and legal services for family disputes.

II. Key points of contention

The focus of the dispute centers on four points. Firstly, whether the borrowed amount is used for daily household needs and whether it matches the family's consumption level is the first step in determining whether it is a joint debt. Secondly, whether there is a joint intention to incur the debt, whether there are joint signatures, whether there is subsequent recognition, or whether there is no objection after being informed. Thirdly, whether the debt is used for the couple's joint life or joint production and operation. This fact should be proven by the creditor. If the creditor fails to provide evidence, it will be difficult to determine that it is a joint debt. Fourthly, the authenticity of the debt. Fictitious debts and illegal debts are not protected by law, and it is necessary to verify the flow of funds and the time of their formation. In addition, the agreement in the divorce agreement that "the debt belongs to one party" is an internal agreement between the couple, and whether it can be used to oppose the creditor's claims is subject to other rules. The disputes over debts caused by operational losses can be resolved in combination with other evidence.Business and contract dispute resolution services for enterprisesOrganize the funding chain.

III. Professional analysis by Henglue Law Firm

A divorce dispute handled by Henglue Law Firm is of reference value: Ms. Zhang and Mr. Liu registered their marriage in 1991 and had a daughter who has now reached adulthood. Both parties are foreign nationals and have lived in Beijing for a long time. Due to the infidelity of the husband, the marriage relationship broke down. The parties have already reached a basic agreement on the ownership of their property and debts—the property under each party's name belongs to them individually, and the debts under their respective names shall be borne by them themselves. However, since both parties are foreign nationals, the domestic civil affairs departments cannot handle the divorce registration, so the marriage relationship can only be dissolved through court litigation. After accepting the entrustment, the lawyer, in accordance with the provisions of the Civil Procedure Law of the People's Republic of China on jurisdiction, confirmed that both parties have a habitual residence in China and that Chinese courts have jurisdiction over the case. The lawyer assisted in preparing materials such as identity certificates, marriage certificates, and property ownership certificates to complete the case filing, and sorted out the property and debts under each party's name, forming a division plan where "all property and debts belong to each party individually". During the court-mediated settlement, the lawyer fully communicated with the other party, clarifying that there were no substantive disputes between them, and ultimately helped the parties sign a mediation agreement: to dissolve the marriage relationship, and the property under each party's name shall belong to them individually, and the debts under their respective names shall be borne by themselves. The mediation agreement took effect immediately after being signed and sealed, and the debt boundaries were thus fixed through judicial procedures. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe attorney (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis is Article 1064 of the Civil Code of the People's Republic of China (effective January 1, 2021) (identification of marital joint debts) and Article 1089 (settlement of marital joint debts upon divorce); the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trials of Cases Involving Marital Debt Disputes (Interpretation No. 2 of 2018, effective January 18, 2018); 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 (effective January 1, 2021) regarding the identification of marital debts and the burden of proof; if the creditor alleges that the couple disposed of property in an unreasonable manner through a divorce agreement, it is subject to Articles 538 and 539 of the Civil Code. Practical suggestions: First, do not sign or ratify the borrower's note, repayment commitment, or reconciliation document at will; Second, keep materials that can prove that the debt was not used for the family's common life, such as separation certificates, family income and expenditure records, and clues to illegal activities; Third, specify the ownership of the debt in the divorce agreement and confirm it through court mediation documents or judgments as much as possible; Fourth, actively defend against the lawsuit or enforcement notice after receiving it, claim that the debt does not belong to a marital joint debt, and avoid a default judgment. If there are property disputes during the enforcement stage, they can be resolved throughSpecial services and other case servicesCoordinate and respond in a comprehensive manner.

5. Henglu Law Firm's Reminder

Firstly, don't summarily assume all the other party's debts in order to dissolve the marriage as soon as possible, as it's often very difficult to recover the compensation after making the repayment. Secondly, the provisions on the attribution of debts in the divorce agreement or judgment mainly address the internal relations between spouses. Creditors may still sue both parties, in which case, you should promptly raise a defense that the debt does not belong to the common debt. Thirdly, it's better to verify the time, amount, purpose, and flow of funds of the debt as early as possible to avoid the loss of evidence or the freezing of accounts. If you're unsure about the nature of the debt, you can first verify it through other means.Beijing Henglu Law FirmMake an appointment for a professional assessment to clarify the boundaries before deciding on a negotiation or litigation strategy.

VI. Frequently Asked Questions

Q1: If my spouse owes debts, do I have to repay them when we divorce?

Not necessarily. The criterion for judgment is whether the debt belongs to the couple's joint debt. According to Article 1064 of the Civil Code, debts signed by both spouses or debts subsequently recognized by one party, as well as debts incurred by one party in the name of the individual for the needs of daily family life, belong to joint debts and should be repaid jointly; debts incurred by one party in the name of the individual beyond the needs of daily family life are generally not joint debts, unless the creditor can prove that they are used for the couple's common life, joint production and operation, or the mutual expression of intention of both parties. Therefore, as long as it can be proven that the debt is not used for the couple's common life and common operation, there is usually no need to repay it on behalf of the other party during the divorce.

Q2: If you argue that the debt does not belong to the couple's joint debt, what evidence do you need to prepare?

The key is to prove that the debt was not used for the family's common life and joint operation. The following materials can be prepared: proof of the couple's long-term separation, records of water and electricity payments; daily income and expenditure statements of the family, showing that the family's consumption did not rely on the loan; promissory notes, loan contracts, and transfer vouchers, verifying the amount, time, lender, and actual flow of funds; clues to the other party's involvement in illegal activities such as gambling; and chat records or written statements regarding the debt issue between the two parties. Regarding the burden of proof, the creditor must provide evidence of the purpose of the debt that exceeds the family's daily living needs, but it is more proactive to prepare counter-evidence in advance.

Q3: For handling such divorce debt disputes, what are the approximate costs of attorney fees and litigation fees?

The litigation fees shall be paid in accordance with the "Measures for the Payment of Litigation Fees" (effective from April 1, 2007). For divorce cases, the fee ranges from 50 yuan to 300 yuan per case. For cases involving property division where the total value of the property exceeds 200,000 yuan, the excess portion shall be paid at a rate of 0.5%. The losing party shall bear the fees or the fees shall be shared in proportion to the outcome of the case. There is no standard pricing for attorney's fees. They are usually charged on a per-case basis, as a percentage of the total amount of the case, or on an hourly basis. The specific fees shall be subject to the provisions of the entrustment contract. It should be noted that risk-based fees are prohibited in marital and family cases. One should remain vigilant against the promise of "no win, no fee" and verify whether the entrustment contract is stamped with the law firm's official seal and whether the fee items are clearly defined.

Q4: How long does it usually take for such disputes to be resolved after being sued?

It depends on the specific circumstances. Civil cases subject to summary procedures are generally concluded within three months, and those subject to ordinary procedures are generally concluded within six months; cases with complex circumstances, requiring public notice for service or appraisal, may take longer; if one party appeals, the second-instance trial usually takes about three months, and it takes additional time to enter the enforcement phase after the judgment becomes effective. If the creditor files a separate lawsuit to claim joint repayment, it will involve an independent litigation process, which may span several months or even more than a year. It is recommended to submit evidence simultaneously when responding to the lawsuit and, if necessary, apply for property preservation to shorten the substantive processing period.

Q5: If I discover that my spouse has debts outside the home, what should I do first?

It is recommended to proceed in four steps: First, verify the debt by checking the credit report, bank card transaction records, and court-served materials to confirm the amount, creditor, formation time, and purpose of the debt; Second, fix the evidence and preserve materials that can prove that the debt was not used for the family's common life, including separation and residence certificates, family income and expenditure records, and the other party's written records about the loan; Third, avoid retroactive acknowledgment by not signing the other party's IOU, repayment commitment, or reconciliation statement, and not providing new guarantees for the debt; Fourth, consult a professional lawyer as soon as possible to assess the nature of the debt and develop negotiation or litigation strategies, and, if necessary, claim exemption from the other party's personal debt in the divorce litigation.

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, to avoid missing the statutory time limit. →Divorce litigation legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided 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.