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

12. 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

Cost: 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.

In plain terms: 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.

Benefit: Debt is considered a joint marital obligation in several situations: first, when both spouses sign the loan agreement; second, when one spouse later acknowledges the debt, thereby accepting joint responsibility; third, when one spouse takes out a loan during marriage for ordinary household needs. Any loan taken out by one spouse that clearly exceeds everyday household expenses does not qualify as joint debt — unless the creditor can prove it was used for shared living or business purposes. Since buying a house typically exceeds normal household spending, the burden of proof falls on creditors to demonstrate such shared use. Yet if the house truly becomes a joint residence or property, creditors can more easily substantiate their claim. Thus, the key preventive measure is exactly what Section 11 describes: clearly stating whether parental contributions are loans or gifts (nationwide, effective since 2021).

Evidence grade: A

Sources: National People's Congress (2020). Civil Code (Article 1064). <https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml>; Supreme People's Court of China (Second Amendment in 2020). Provisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases (Articles 15, 16). <http://gongbao.court.gov.cn/Details/94b6623974526df7d2430a3c73f050.html> (Supreme People's Court of China Communique)

Notes: During divorce proceedings, if one spouse’s parents suddenly produce a loan agreement bearing only their child’s signature, two distinct evaluations become necessary. First, courts must determine whether the loan actually occurred. If you can convincingly argue that no funds were transferred, judges will weigh multiple factors: loan amount, payment method, both parties’ financial standing, habitual transaction patterns, any corresponding property changes, and witness testimony. Mere possession of transfer records by creditors still obliges them to prove loan validity. Second, even if the loan is verified, its classification as joint debt must be re-examined. General rules governing loan agreements and guarantees are detailed in Section 8, Article 18.