Family members have gambling debts — don’t rush to pay them: gambling debts aren’t legally protected, nor are loans taken for gambling considered joint marital debts

44. Family members have gambling debts — don’t rush to pay them: gambling debts aren’t legally protected, nor are loans taken for gambling considered joint marital debts

Cost: No money is required. The hard part is resisting the urge to pay when creditors show up at your door and family members beg you to help. If creditors actually file a lawsuit, you must respond to it.

In plain terms: Money owed from gambling isn’t protected by courts. Even if creditors know the borrower is using the funds for gambling, those loans still get no legal protection. Any debt incurred by one spouse for gambling purposes can’t be treated as a joint marital obligation. Without a court ruling, the non-borrowing spouse can’t be held responsible for repayment.

Benefit: A 2017 notice from the Supreme People’s Court outlines four key points: Debts arising from illegal activities like gambling or drug use aren’t legally protected. Loans given to someone for such activities — even when creditors are aware of the purpose — also receive no legal protection. If one spouse takes out a loan in their own name for illegal acts and later tries to classify it as a joint marital debt, courts won’t approve this claim. Without a formal court trial, the non-borrowing spouse can’t be forced to bear any civil liability related to the debt (applies nationwide since 2017).

Evidence grade: B

Sources: Supreme People's Court of China (2017). Notice on Issues Concerning the Proper Trial of Cases Involving Married Debts in accordance with the Law (Fa [2017] No. 48, Articles 2 and 4). <https://www.court.gov.cn/fabu/xiangqing/36982.html>

Notes: This grade is assigned because the notice is an internal court directive with no quantifiable data, and proving creditor awareness requires separate evidence. Issued under the previous Marriage Law, its application under the Civil Code for determining joint marital debts is covered in Section 10, Article 12 (large loans taken by a spouse). Even if creditors have no knowledge of the funds being used for gambling, the borrower alone remains responsible for repayment. To prove the money was used for gambling, you’ll need bank transfer records, gambling platform logs, or police case files — keep these documents on hand. If a lawsuit is filed, standard first-instance proceedings take at least 6 months, while simplified procedures require 3 months. Each party pays their own legal fees, with no obligation for the losing side to cover the other’s costs. For creditors harassing or detaining you, refer to Section 9, Article 15 (debt collection rules) and call the police immediately. If the borrower is in such a desperate state they’re considering suicide, contact the crisis hotline at 12356 as noted in Section 1, Article 37 (gambling-related distress). The main beneficiaries of these protections are spouses and immediate family members.