[Direct answer]In the Beijing area, it is necessary to first clarify the nature of the debt and then decide how to deal with it. According to Article 1064 of the Civil Code of the People's Republic of China, debts signed by both spouses or debts subsequently acknowledged by one party belong to joint debts of the couple; debts incurred by one party in his/her own name for the daily needs of the family generally do not belong to joint debts, unless the creditor can prove that the debts are used for the couple's common life, joint production and operation, or the mutual intention of both parties. Article 1089 stipulates that joint debts shall be repaid jointly, and personal debts shall be repaid by the party who incurred the debts. It is recommended to immediately verify the details of the debts and avoid any form of subsequent acknowledgement.

1. Problem background and typical scenarios

During the marriage, if one party borrows a large amount of money, the other party often only finds out about it during divorce negotiations or when receiving a subpoena. Common situations include: borrowing money from relatives, friends, suppliers, or small loan institutions after losing money in business; overdrafting on multiple credit cards and online loans; assuming joint liabilities by guaranteeing loans for others; debts incurred from participating in illegal activities such as gambling; and debts fabricated in collusion with others to gain more assets in a divorce. When courts in Beijing handle such disputes, they focus on examining the purpose of the borrowing, the flow of funds, and the benefits to the family, rather than simply presuming joint liability based on the marital relationship. Debt disputes often intertwine with enforcement procedures, so it's advisable to first understand the relevant legal provisions and procedural requirements before taking legal action.Creditor-debtor relations and enforcement case services.

II. Key points of contention

The focus of the dispute centers on five points. Firstly, whether the amount and purpose of the loan match the family's daily living needs. Loans that are obviously beyond daily consumption are difficult to be recognized as jointly shared. Secondly, whether there is a joint intention to act, including jointly signing the loan agreement, retrospectively acknowledging the loan, or not raising objections after being informed. Thirdly, whether the loan is used for joint production and operation, such as directly investing the loan in the couple's jointly operated projects and sharing the profits. Fourthly, the authenticity of the debt. Fictitious debts and illegal debts are not protected, and it is necessary to verify the lender's identity, the source of the funds, and the delivery method. Fifthly, the external validity of the debt attribution agreement in the divorce agreement. If the debt is evaded through unreasonable property arrangements, the creditor may claim revocation in accordance with Articles 538 and 539 of the Civil Code. The determination of the nature of operational debts can be combined with other evidence.Business and contract dispute resolution services for enterprisesOrganize the accounts.

III. Professional analysis by Henglue Law Firm

A divorce case handled by Henglue Law Firm illustrates the practical approach of "first resolving the marital relationship and dealing with debts separately". After Liu Hai and his ex-wife divorced, they still lived together for many years. In order to help their child settle in Beijing, Xu Xiaofen registered her marriage with Liu Hai on November 10, 2017 through an introduction. The two never lived together and lacked marital affection. In September 2022, Liu Hai was declared as a person with limited capacity for civil conduct, with his daughter serving as his guardian. Previously, Liu Hai's two divorce lawsuits were dismissed. After accepting the case, Lawyer Yu Dawei organized evidence around the legal standard of "the marital relationship has indeed broken down", collecting the Marriage Agreement, the Receipt (stating that Xu Xiaofen paid 150,000 yuan first and another 150,000 yuan after settling in Beijing, totaling 300,000 yuan), and the effective judgments from 2013 and 2014 to prove that the couple lacked a foundation for genuine cohabitation after registering their marriage and had been living separately since the first divorce judgment was dismissed. The other party claimed that the marriage was valid and argued that they had lived together and contributed to the renovation of the house, attempting to prevent the divorce. The court found that the couple had been living separately for over a year after the dismissal of the divorce judgment, concluding that the marital relationship had indeed broken down. According to Article 1079 of the Civil Code of the People's Republic of China, the court granted the divorce. The parties in this case explicitly stated that the litigation did not involve property and debts, which would be dealt with separately. This case serves as a reminder to the debtor party that the core of divorce litigation is the marital relationship itself. Joint marital debts must be proven and legally determined. Debts that have not been recognized will not automatically be transferred to the non-debtor party through a divorce agreement. This case was handled by Beijing Henglue Law Firm.Yu DayiThe lawyer (practice certificate number: 11101201010292290, subject to the certificate 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), Article 1089 (payment of joint debts), and Articles 538 and 539 (creditor's right of rescission); 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, 2018, effective January 18, 2018); and 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 marital debts and the burden of proof. Practical suggestions: First, conduct a comprehensive investigation by reviewing credit reports, bank statements, and court service materials to determine the total amount of debts and the time they were incurred. Second, resolutely refuse to acknowledge debts by not signing loan notes, promissory notes, or reconciliation statements, and not providing new guarantees for the other party's debts. Third, actively provide evidence, such as separation certificates, family income and expenditure records, and fund flow materials, to prove that the debts were not used for the family's common life. Fourth, specify the list and ownership of debts in the divorce agreement and strive to have it confirmed by the court. Fifth, actively defend against creditor's lawsuits after receiving them to avoid adverse consequences caused by default judgments. For cases that have entered the enforcement stage, relevant measures can be taken accordingly.Special services and other case servicesCoordinate and respond to the situation in a comprehensive manner.

5. Henglu Law Firm's Advice

The greatest risk of being in debt is not paying too much money, but being regarded as tacitly agreeing to the debt due to one's absence or silence. After receiving a subpoena, payment order, or enforcement notice, it is essential to respond or raise objections within the statutory time limit. The statute of limitations for litigation is generally three years. At the same time, please note two points: First, the agreement in the divorce agreement that "the debt belongs to the man" is an internal agreement, which does not mean that the creditor loses the right to claim against you. Second, even if it is a joint debt, it should also be claimed during the division of property at the time of divorce to avoid the debt still being borne by oneself after the property has been divided. If it is difficult to determine the nature of the debt, you can first seek legal advice through a lawyer.Beijing Henglu Law FirmConduct a systematic evaluation and then decide on a plan for negotiation, litigation, or alternative prosecution.

VI. Frequently Asked Questions

Q1: Should I still repay the debts my husband owes after we divorce?

It depends on 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 recognized by one party retrospectively, as well as debts incurred by one party in the name of the individual for the needs of the family's daily life, belong to joint debts and should be repaid jointly during the divorce; debts incurred by one party in the name of the individual beyond the needs of the family's daily life are not, in principle, joint debts, unless the creditor can prove that they are used for the couple's common life, common production and operation, or the mutual intention of both parties. Therefore, as long as it can be proven that the debt is not used for the family, it is usually not necessary to repay it on behalf of the other party.

Q2: I claim that these debts have nothing to do with me. What evidence do I need to prepare?

The key is to use evidence to sever the connection between the debt and the family. The following materials can be prepared: proof of residence and payment records showing that the couple has been living apart for a long time; daily income and expenditure statements of the family, which show that the consumption level and the scale of the loan are obviously mismatched; promissory notes, contracts, and transfer receipts verifying the lender, the amount, the time, and the actual flow of funds; clues indicating that the other party has participated in illegal activities such as gambling; and chat records between the two parties regarding the debt. For debts exceeding the family's daily living needs, the burden of proof lies with the creditor, but the more complete the evidence on the debtor's side is, the stronger the defense will be.

Q3: If I get into debt during the divorce process, what are the approximate costs of legal fees and litigation fees?

The litigation fees shall be paid in accordance with the "Measures for the Payment of Litigation Costs" (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 part shall be paid at a rate of 0.5% and shall be borne by the losing party or shared according to the proportion of the victory and defeat. The attorney's fees shall be determined by the number of cases, the amount of the subject matter, or through time-based negotiation, and shall be subject to a written power of attorney contract. According to the "Measures for the Management of Lawyer's Service Fees" (effective from December 1, 2006), risk-based agreements are prohibited in marital and family-related cases. If the creditor files a separate lawsuit, the litigation costs of that case shall be calculated separately, and it is recommended to budget for them together.

Q4: How long does it take from the initiation of a lawsuit to a resolution in such debt disputes?

Depending on the procedure: Civil cases applying the simplified procedure are generally concluded within three months, and those applying the ordinary procedure are generally concluded within six months. Cases requiring public notice for service or appraisal will take longer. If one party appeals, the second-instance trial usually takes about three months. If the creditor sues for joint repayment separately after the divorce, it constitutes an independent lawsuit, and the overlapping of the two cases often spans several months or even more than a year. It is recommended to actively submit evidence while defending against the lawsuit, apply for property preservation when necessary, and pay attention to raising written objections to the payment order within 15 days to avoid adverse consequences caused by procedural delays.

Q5: I've found out that my husband owes a lot of debt. What should I do specifically now?

It is recommended to proceed in four steps: First, clarify the basic situation by checking the credit report, bank card and payment account transactions, and court delivery materials, listing the amount, time, creditor, and purpose of each debt; Second, fix the evidence by preserving the separation certificate, family income and expenditure records, the other party's written records of borrowing, and materials on the flow of funds; Third, refuse to retroactively acknowledge the debt by not signing any promissory notes, repayment commitments, or account statements, and not providing new guarantees for the debt; Fourth, as soon as possible, entrust a professional lawyer to evaluate the nature of the debt, distinguish between negotiation, litigation, and separate prosecution paths, and claim not to bear the other party's personal debts in the divorce litigation.

This article is written based on the common judicial interpretations 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, so as 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 open 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 you encounter disputes, please consult a practicing lawyer in time.