A large sum one spouse borrows is not automatically your debt if you did not sign and did not later acknowledge it

Money a spouse borrowed behind your back is not automatically your debt if it clearly exceeds ordinary household spending and you did not sign and did not later acknowledge it. The creditor must prove the money went to joint life or joint business. But for home-purchase money that really became a home you live in together or own jointly, the other side can often prove that layer.

Cost

No money. Do not sign a spouse’s loan note or guarantee as “co-borrower” or “guarantor.” Also do not write in chat “we will repay this” or similar; that can be treated as you later acknowledging the debt. The hard part is not answering when pressed.

Benefit

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).

Notes

When 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.

Sources · 2

1. 全国人大 (2020). 民法典（第一千零六十四条）. spp.gov.cn/spp/fl/202006/t20200602_463888.shtml
2. 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）. gongbao.court.gov.cn/Details/94b6623974526df7…（最高人民法院公报）