Money borrowed by a spouse in a large amount — if you didn’t sign or later acknowledge it, it doesn’t automatically become your debt
Money borrowed by a spouse behind your back generally won’t become your joint debt, provided it clearly exceeds normal household expenses and you neither signed any documents nor later acknowledged the debt. Creditors must prove the money was used for shared household needs or joint business activities. However, if the borrowed funds actually helped purchase a house that both of you now live in or own together, creditors can usually prove it served a shared purpose.
No cost at all. Never sign “joint borrower” or “guarantor”…
Debt in the following situations is joint marital debt. First, both spouses signed. Second, one side later ack…
No cost at all. Never sign “joint borrower” or “guarantor” on your spouse’s loan agreements or guarantee documents. Also avoid writing things like “We’ll pay back this money” in messages, as that could be taken as later acknowledgment of the debt. The hard part is staying silent when creditors start pressuring you.
Debt in the following situations is joint marital debt. First, both spouses signed. Second, one side later acknowledged it — both accept the debt. Third, one side during the marriage borrowed in their own name for ordinary family daily needs. Money one side borrowed in their own name that clearly exceeds ordinary household spending is not joint marital debt. The exception is when the creditor (the party seeking repayment) can prove the money was used for the couple’s joint life, joint production or business, or was acknowledged by both. Home-purchase money clearly exceeds ordinary daily family needs; the burden of proof is on the side asserting the claim — the creditor must produce evidence. But if that money really became a home the couple live in together or own jointly, the creditor can often prove the “used for joint life” layer. So what actually helps is the step in item 11 (when parents contribute, write whether it is a loan or a gift) (nationwide, from 2021).
全国人大 (2020). 民法典（第一千零六十四条）. https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml；最高人民法院 (2020 年第二次修正). 关于审理民间借贷案件适用法律若干问题的规定（第十五、十六条）. http://gongbao.court.gov.cn/Details/94b6623974526df7d2430a3c73f050.html（最高人民法院公报）
Open source linkWhen dividing property at divorce, if the other side’s parents suddenly produce a loan agreement signed only by your spouse, look at two steps. First, whether the loan really happened. If you say the money was never handed over and can make the reason hold, the court will weigh several facts together: the loan amount, how the money was delivered, both sides’ means, how they usually transact, whether property moved accordingly, and what witnesses say. If the other side only has a transfer voucher, they still must prove the loan was established. Second, after the loan is established, whether it is joint debt. General rules for loan notes and guarantees are in Section 8, item 18.