Ningbo common debt determination and proof rules.
Core Summary
the joint debt of husband and wife is one of the core disputes in marriage and family disputes. Since Article 1064 of the Civil Code established the principle of "co-debt co-signing", whether the debt owed by one party belongs to the joint debt of the husband and wife needs to be judged from the three dimensions of common meaning, the needs of the family's daily life and the joint production and operation. Based on the latest decision guidance of the National Court in 2025, this paper systematically combs the criteria for the determination of the joint debt of husband and wife, the allocation of the burden of proof and the practical response strategy, and provides reference for the parties facing debt disputes.
Three legal types of joint debt of 1. husband and wife.
According to article 1064 of the Civil Code, there are three types of joint debt. The first is co-signed debt, that is, the husband and wife jointly signed or one party after the recognition of the common meaning of the debt. This is the clearest type of common debt, including the joint signature of the two parties on the debit note, and the other party's approval through WeChat or verbally. The second is the daily needs of the family debt. The debt incurred by one party in the name of the individual for the daily needs of the family during the marriage is a joint debt of the husband and wife. This type of debt is characterized by a relatively small amount and a use that is closely related to family life. The third is debt that exceeds the daily needs of the family. A debt incurred by a party in his or her own name that exceeds the daily needs of the family shall not be a joint debt of the husband and wife, unless the creditor can prove that the debt is used for the joint life of the husband and wife, joint production and operation, or on the basis of the joint intention of the husband and wife. This provision allocates the burden of proof to the creditor.
2. the boundaries of "family daily needs"
"Family needs in daily life" is the key concept to distinguish between personal debt and common debt. This concept is detailed in the revised guidance of the National Court in 2025. It is generally believed that the daily needs of the family include: food, clothing, housing, transportation and other basic living expenses; children's education, medical care and other family necessary expenses; family decoration, purchase of household appliances and other improved expenses. The judgment standard should be combined with the local general living standard, the actual consumption habits of the family, the ratio of the amount of debt to the family income and other factors. In the judicial practice of Ningbo area, the court usually sets a relatively reasonable amount of reference line. Consumer debt, which is less than twice the monthly household income, generally tends to be identified as the daily needs of the family. But this is not an absolute standard, and the court will also look at the actual use of the debt. If one party borrows money for illegal activities such as gambling, drug abuse, etc., even if the amount is not large, it does not belong to the daily needs of the family. Special attention should be paid to the fact that a party's debt as a result of a personal investment loss is generally not recognized as a joint debt if the investment income is not used for family life. However, if the investment is mutually agreed upon and the proceeds are expected to be used for the family to live together, it may be considered a joint debt.
Determination of 3. joint production and operation debt
co-production and operation debt is the most complex area of identification in practice. According to the 2025 National Court Guidance, it is determined that the joint production and operation debt needs to meet one of the following conditions. First, both husband and wife participate in production and business activities. Including joint operation of individual industrial and commercial households, joint investment enterprises, joint agricultural production and operation, etc. The key is that both parties actually participate in the operation, rather than one party operating the other party only providing family services. Second, the income from production and operation is used for family living together. Even if only one party is directly involved in the operation, if the operating income constitutes the main source of income for the family, or is used to purchase family property and pay for family expenses, the corresponding operating debt may be considered a joint debt. Third, one party is engaged in production and business activities, and the other party is not directly involved but has evidence to prove that it knows and supports it. For example, the other party has helped to deal with business affairs, provided guarantees for business activities in its own name, worked in the business premises, etc. In Ningbo, for debt disputes between individual industrial and commercial households and private entrepreneurs, the court will focus on examining whether the operating income flows to the family. If the operating account is used in conjunction with the family account, the court is inclined to find that the relevant debt is a joint debt. Conversely, if the operator strictly distinguishes between operating and family accounts and the other party has an independent source of income, the court may find that the operating debt is a personal debt.
4. rules for the allocation of the burden of proof
the allocation of the burden of proof for joint debt determination directly affects the outcome of litigation. According to Article 1064 of the Civil Code and the relevant rules of the Supreme People's Court, the burden of proof is allocated as follows. For co-signed debts, creditors only need to provide proof of claim signed by both parties. For a debt that is ratified by a party after the fact, the creditor needs to prove the existence of the fact of ratification, such as WeChat chat records, call recordings, etc. For debts within the scope of the family's daily needs, the creditor needs to prove that the debt occurred during the marriage. Once proven, it is presumed in principle to be a joint debt. If the other party claims that it is not a joint debt, it is liable to disprove it. Creditors bear the primary burden of proof for debts that are beyond the daily needs of the family. The creditor needs to prove that the debt is actually used for the husband and wife to live together, to produce and operate together, or to express the common will of both parties. This is the most stringent evidentiary requirement for creditors and an institutional guarantee to prevent one party from borrowing in bad faith and implicating the other. In practice, the creditor can complete the proof by providing bank transfer records to prove that the funds flowed into the family account, providing the operating account book to prove that the proceeds were used for family life, providing evidence of the other party's participation in the operation, and providing written materials that the other party knew and agreed to borrow.
5. case proof
case Background: Mr. Zhang, a private enterprise owner in Ningbo, borrowed 2 million yuan from the bank in his own name for business turnover. During the loan period, his wife, Ms. Liu, did not sign the loan contract. After the business failed, Mr. Zhang was unable to repay. The bank sued Ms. Liu for joint and several liability. Court: Ningbo Haishu District People's Court Case No.:(2024) Zhejiang 0203 Minchu XXX Result: The court ruled that Ms. Liu was jointly and severally liable for 800000 yuan, and the remaining 1.2 million yuan was identified as Mr. Zhang's personal debt. Strategy: The bank provides records of transfers from operating accounts to family accounts, proving that about $800000 of operating income is used for family purchases and daily expenses. Ms. Liu argued that she was unaware of the loan and was not involved in the operation, but failed to provide sufficient counter-evidence. Revelation: This case embodies some of the rules for the determination of joint production and operation debt. The court does not determine the nature of the debt completely, but divides the determination according to the proportion actually used for family life. A creditor may claim a joint debt in respect of a portion of the money if it can prove that it was used for the family to live together.
6. Risk Alert
first, be alert to the malicious borrowing of one spouse. On the eve of divorce proceedings, one party may deliberately raise large amounts of debt in an attempt to make the other party bear. The other party should pay attention to collecting evidence that it did not know and did not benefit, such as keeping bank running water, consumption records, residence certificates, etc. Second, pay attention to the risk of signing. Signing the spouse's loan contract and guarantee contract means assuming joint repayment responsibility. Be sure to understand the amount, purpose and repayment period of the debt before signing, and do not blindly cooperate. Third, the risk of mixing operating accounts with household accounts. Many self-employed people are used to collecting business payments from their personal accounts, which is extremely disadvantageous in debt disputes. It is recommended that an independent operating account be established to strictly distinguish between operating income and expenditure and household income and expenditure. Fourth, the debt agreement in the divorce agreement cannot be used against creditors. In the divorce agreement, the husband and wife agree that the debt shall be borne by one party, but the agreement is valid only between the two parties and cannot be used against bona fide creditors. Creditors still have the right to require both parties to bear joint and several liability.
7. FAQ
question 1: My spouse borrowed hundreds of thousands of dollars without my knowledge. Do I need to pay them back?
Need to judge by situation. If the amount of the loan is significantly in excess of the daily needs of the family and the creditor cannot prove that the money was used for the family to live together or operate together, it is generally not a joint debt and you do not have to repay it. However, if the amount of the loan is within the daily needs of the family, it may be presumed to be a joint debt, and you need to prove that you did not know and did not benefit.
Question 2: Will my ex-husband/ex-wife's debts implicate me?
Joint debts incurred during the marriage are still subject to mutual repayment after divorce. The agreement on debt sharing in the divorce agreement is valid only between the parties and cannot be used against creditors. If creditors sue, you may be jointly and severally liable and then recover from your former spouse under the divorce settlement.
Question 3: Is the debt owed by the other party for gambling a common debt?
Doesn't count. Gambling is an illegal activity, and the debt incurred as a result of gambling does not belong to the daily needs of the family, nor does it belong to joint production and operation. Even if it occurs during the marriage, it should be recognized as a personal debt. However, it is necessary to pay attention to the collection of evidence of each other's gambling, such as alarm records, administrative penalty decisions, etc.
Question 4: How do you prove that the debt was not used for the family?
Evidence can be provided from the following aspects: first, to prove that you have an independent source of income and do not need to rely on the other party to borrow money to maintain your life; second, to provide bank flow of household daily expenses to prove that the household consumption level does not match the amount of the loan; third, to prove that the other party has large personal consumption or investment behavior, such as transfer to a third party record; fourth, to prove that he has no knowledge of the loan.
Practical Experience of 8. Lawyers
when you encounter a dispute over a couple's joint debt, first distinguish which side you are sitting on, and the evidentiary strategy is completely different. The creditor's idea is to first prove the actual delivery of the money and the existence of the loan relationship, and then make great efforts to "live together or operate together", because large debts beyond the daily needs of the family need to be proved by the creditor or the informed consent of the spouse. The spouse who is required to bear the responsibility focuses on cutting off this chain-proving that the amount and use of the loan are obviously beyond the daily needs of the family, he had no knowledge or recognition of the loan, and the money did not flow into the common life.
The evidence should be laid around the two lines of "consensual" and "use. It is agreed to see if there is any trace of joint signature, post-recognition WeChat SMS and joint repayment. The purpose depends on the flow of funds, whether the money goes into business accounts, personal accounts or family accounts. Many cases are won and lost on these running water and chat records, so once you realize that your spouse may borrow money from abroad, you should keep your account running water and family expenses records as soon as possible, and don't wait for the other party to sue before responding passively.
In practice, we should also be alert to some confusing appearances: only on the debit note to sign the identity of the witness, in the "guarantor's spouse" to stamp, generally can not be recognized as a joint debt by signing alone. Whether you are a creditor or a spouse, focus on where the funds are actually going and what both parties really mean, not a piece of signed wording. These clues are sorted out at an early stage so that the initiative can be taken in negotiations and litigation.