Insights

Ningbo cohabitation during the debt, after the break-up who also.

Ningbo Author：LuXu WANG

Let’s start with the conclusion: Cohabitation is not the same as marriage. Even if two people live together and share a deep bond, as long as they have not registered their marriage, they are not considered legally married. Debts incurred during cohabitation, in principle, are to be repaid by the person who incurred them. Only if it can be proven that the debt was contracted “for the purpose of shared living and joint business operations,” or if both parties have explicitly agreed in writing to share the liability, does the other party have an obligation to repay it jointly. The crux of the judge’s determination has never been whether “you lived together,” but rather “on whom this money was ultimately spent and who benefited from it.”

This conclusion sounds straightforward, but when applied to specific disputes, it often leads to heated and unresolved arguments. The following three real judgments-the case of Zhao and Xiao in Jingjiang, Jiangsu, the case of Li and Lin in Xingning, Guangdong, and the case of Chen and Xiao in Luojiang, Deyang, Sichuan-are used to explain the ideas of external responsibility, internal recovery, common situations, breakup and liquidation and response to litigation layer by layer, and finally attach the local practical path of Ningbo.

1. Why is there no "marital joint debt" in cohabitation relationships?

To understand debts incurred during cohabitation, one must first grasp the legal distinctions between cohabitation and marriage. The subject matter regulated by the section on marriage and family in China’s Civil Code is couples who have registered their marriage. The act of marriage registration creates a set of legal status relationships between two people: the common property system, the obligation of mutual maintenance, the right of daily family agency, the right of mutual inheritance, and the rules of division of common property and sharing of common debts in the event of divorce. Without that registration document, none of these “default settings” will take effect.

Therefore, the criteria for determining “joint debts of spouses” set forth in Article 1,064 of the Civil Code are premised on the existence of a marital relationship. The article stipulates that the debts incurred by the husband and wife in the joint signature or the subsequent ratification of one party, as well as the debts incurred by one party in the name of the person during the marriage for the daily needs of the family, are joint debts of the husband and wife; the debts incurred by one party in the name of the person that exceed the needs of the family's daily life are not joint debts, unless the creditor can prove that the debt is used for the husband and wife to live together, to produce and operate together, or on the basis of the common will of both parties. These rules are intended for the “family” as a unit; two people living together do not constitute a family in a legal sense and therefore are not subject to them.

Then how to deal with the debts during cohabitation? The long-term reference in judicial practice is "Several Opinions of the Supreme People's Court on the People's Court's Trial of Cases of Living Together in the Name of Husband and Wife without Marriage Registration" Article 11: When the illegal cohabitation relationship is dissolved, the creditor's rights and debts formed during cohabitation for joint production and living can be treated as joint creditor's rights and debts. The key terms here are “joint production” and “cohabitation”: only debts arising from joint production and cohabitation can be considered “jointly borne”; all others constitute individual debts. Where one party incurs debts in their own name, such debts shall be presumed to be personal obligations unless they were incurred for the common production or living needs of both parties.

To summarize the difference in one sentence: a married couple is a “community that by default shares both risks and rewards,” whereas cohabitation is closer to “two separate individuals who occasionally team up to handle certain matters.” One party is in debt outside, not because the other party is his cohabiting lover, of course, implicated the other party. Joint debts require the “common benefit” link to bind them together; without this link, each party is responsible for their own.

2. Externally: Whom should the creditor sue?

Let’s start with external relations—specifically, the scenario where creditors come to collect their debts. The primary principle here is the doctrine of privity of contract: the party who signed the contract and the party who borrowed the money are, in principle, the only parties to whom the creditor may assert its claims. A in their own name to the bank card, in the network loan platform to borrow money, to a friend issued a debit note, creditors and A between the establishment of a loan relationship, creditors to debt, the first subordinate object is A.

Can the creditor bring in B (A's cohabiting partner) and demand to return it together? Yes, but whether it can win or not is another matter. The creditor, who claims that the other party in the cohabitation shares the debt, must prove that the debt is used for the cohabitation to live together, to operate together, or that the two parties have a common intention to raise the debt. The burden of proof rests with the creditor.

The case involving Li and Lin from Xingning, Guangdong, illustrates this logic very clearly. In his own name, Li made loans to a number of online lending platforms and swiped multiple credit cards, totaling more than 300,000 yuan, claiming that these were common debts during the period of cohabitation with Lin, and asked Lin to bear half of them. The court found out that the two had lived together for many years and their accounts had transferred money to each other, but it held that these evidences could only prove that Li mou borrowed money and transferred part of the money to Lin mou, and could not prove that the card debt and online loan under Li mou's name "were used for the common production and life of both parties"; Moreover, it is normal for cohabiting men and women to transfer money to each other. In particular, the court stressed that the criteria for determining the joint debt during the period of cohabitation should be "strict" in the determination of the joint debt during the marriage of the husband and wife, and that the specific items and amounts of the debt should be based on the formation of the joint production and life. Ultimately, Li’s request was dismissed due to insufficient evidence.

This judgment conveys two signals. First, the threshold of proof of cohabitation debt is higher than that of husband and wife, because cohabitation does not have the sharing preset of "family", and the court dare not easily spread one person's debt to another. Second, the fact of a funds transfer does not equate to joint liability for a debt. You transfer money to me, and I transfer money to you—this could just be a routine financial exchange between lovers, and it doesn’t mean “therefore, you also have to pay off my debts.” If the creditor wants the cohabiting parties to pay off jointly and severally, he has to come up with something harder: the money goes directly into the jointly operated account, the two parties come together when borrowing money, there is a written joint loan agreement, etc.

Internal 3.: Can one party recover the money for the other party?

Now let’s consider the internal relationship—specifically, the scenario where money has already been transferred between the two parties, and one party has assumed the other’s debt. This kind of situation usually has two appeals: one is "you actually spent the money, why should it be recorded in my name", and the other is "I have already paid it for you, you pay it back to me".

There are two main legal tools. One is contract-type claims, such as entrustment, advance, and management without cause; more commonly, unjust enrichment. Article 985 of the Civil Code stipulates that if the profiteer has no legal basis for obtaining improper benefits, the person who suffers the loss may request the profiteer to return the benefits obtained. In the cohabitation scenario, if the debt is the other party's personal debt, you pay off for the other party, the other party is thus exempted from paying off and benefit in vain, you are damaged, which constitutes unjust enrichment.

the case of zhao mou and xiao mou in jingjiang, jiangsu province is a typical example in this aspect. Zhao Qinglian's seven credit cards and several online loans were overdrawn. She claimed that Xiao Yi, her cohabiting boyfriend, actually used them and demanded a refund of more than 290,000 yuan. The court decided from several directions: Xiao Yi admitted to holding and overdrawing Zhao's credit card; Xiao claimed to be engaged in financial work and was very familiar with Zhao's card debt. Zhao did not know about the opening of some bank cards and reported the loss and cancellation afterwards. WeChat records show that Ping An Card was used for mobile phone purchases in Xiao's unit. Huaxia and Everbright Card were also used by Xiao for overdraft. Xiao promised "will repay" many times ". More importantly, the two have reached an agreement on the settlement of all credit card debts in WeChat after the breakup on the grounds that Xiao will bear 300,000 yuan, which is in line with Xiao's previous repayment promise. Accordingly, the court found that the two parties to bear the debt has formed a "bear by Xiao" agreement, ordered Xiao to pay Zhao advance more than 240,000 yuan and compensation for interest losses.

However, one boundary must be drawn: not all efforts can be recovered. The money spent by two people eating, traveling, and watching movies together belongs to common consumption. There is no special agreement. Generally, the other party cannot be asked to share it, let alone be counted as a loan. During the period of love, one party takes the initiative to buy things, give red envelopes and transfer money to the other party, which is usually treated as a gift and asked for after breaking up. The court generally does not recognize it. What can be recovered is the money that clearly belongs to the "personal debt of the other party" or "you advance for the other party.

How do you see 4. several common situations

After the theory is finished, it falls into the most common situations.

1. Co-renting

Rent, utilities, and property costs are usually common living expenses. Who signed the rental contract, the landlord in principle to find who. When breaking up, one party refuses to share, and if the other party claims, it needs bills and transfer records to support it. If you only make an oral agreement to "live together and share the expenses equally" and cannot produce evidence afterwards, you can only admit that you are unlucky.

2. Jointly-operated business borrowing

This is the situation that is most easily identified as a joint debt. The Luojiang case in Deyang, Sichuan, and the jurisprudence of local courts all point to the same judgment: although the loan is in the name of one party, but the money is indeed used for the land jointly contracted by the two parties, jointly operated shops, it belongs to "formed for joint production and life", according to the common debt treatment. The criterion is "whether to operate jointly, whether to share the benefits, whether to share the risk". Conversely, one party borrows money on its own independent business, and the other party neither participates in the operation nor shares the proceeds, which is still a personal debt.

3. One party borrows money for the other party to see a doctor

The debts incurred by cohabiting parties living together or treating diseases for one party belong to the category of debts formed by "co-production and living" and tend to be identified as common debts. However, we should pay attention to the distinction: the debt incurred by raising the children of both parties is a common debt; the debt incurred by raising the children of their respective previous marriages and supporting their respective parents is generally the personal debt of the obligor.

4. Joint home purchase loan

If the loan is made in the name of one party and the house is registered in the name of one party, the other party usually does not bear the obligation to repay the loan, because the opposite party of the loan contract only has the contractor. If the other party also contributed financially to the purchase of the house, they may assert property rights corresponding to their share of the contribution (which constitutes a matter of property division). If both parties sign as borrowers, they are common debtors to the outside world and must be repaid together.

5. One party borrows in its own name for the life of both parties

The Luojiang case in Deyang, Sichuan, serves as a template for this type of situation. The plaintiff, who lived together for both parties, transferred a total of 70,000 yuan to the defendant twice in 2002. When the two sides broke up, the defendant issued an iou confirming that 68,000 yuan was still owed, agreeing on the repayment period and the competent court. The court found that the IOUs were the true expression of the defendant's intention and did not violate the mandatory provisions of the law, and ordered him to return 68,000 yuan and overdue interest. The success of this case depended not only on the factual basis that "the money was indeed used for living together", but also on the written fixation that "the settlement was made into an IOU at the time of separation.

6. The bride price is mixed with the loan

During the period of love and cohabitation, the transfer of money is the most easily confused category after the dispute over whether it belongs to the bride price, gift or loan. The experience is: if there is an iou, a clear agreement on repayment and a collection record, it shall be borrowed. Transfer notes "pocket money" and "love you", small red envelopes for holidays, after asking for, generally according to the gift, difficult to get support. There are other special rules for the return of betrothal gifts-if the marriage has not been registered, it should be returned in principle; If you have already lived together, the court will take into account the length of cohabitation, the amount of betrothal gifts, whether to give birth, etc. It is better to talk about the bride price and the loan separately, not to mix them together to calculate an account.

Debt Settlement on 5. Breakup

Breaking up is the best and often the last window for debt settlement. Feelings are easy to talk when they are still alive. Once they turn against each other completely, it will be difficult to calculate the accounts. The correct step of liquidation is to make a list first, then determine the nature, and finally negotiate the quantitative and written down.

The first step is to spread out the account. List all debts in the names of both parties-credit card arrears, online loans, bank loans, private loans, and mark creditors, amounts, actual users, uses and repayment status on a case-by-case basis, the more specific the better.

Step 2: Qualitative analysis of each transaction. Each debt falls into three categories: one party's personal debt, the two parties' joint living expenses, and the two parties' joint operating liabilities. In principle, the former category is the responsibility of the individual, while the latter two categories can be shared.

The third step is to negotiate the sharing and write it into the agreement. It can be based on the proportion of benefits, the proportion of capital contribution, the level of income and even the fault. After reaching an agreement, be sure to write a written breakup settlement agreement or IOU. The Luo Jiang case is a model: the iou issued by the defendant stated that "the two parties reached an agreement on the day of separation, and the total amount of common expenses incurred during cohabitation was 68,000 yuan, which shall be paid off by the debtor before a certain date, and the agreement shall be under the jurisdiction of the court of the creditor's domicile", and signed and printed, and the court supported it according to the order.

When writing the agreement, several elements are omitted: the origin of the debt (write clearly which period of cohabitation period and why it arises), the amount (written in both upper and lower case), the repayment period, the overdue interest or the consequences of default, the court of jurisdiction over the dispute, and the signatures and fingerprints of both parties (it is better to attach ID numbers). I would also like to remind you that once the IOUs are issued voluntarily, the nature will change from "sharing of common debts" to an independent creditor's rights and debts relationship, and it will be difficult to turn the table in the future and say, "This should not have been paid back by me". Therefore, it is important to think clearly before signing, and do not write when you are emotional, surrounded or coerced. If there is a situation of being forced, pay attention to keeping the recording, witness and alarm records, which can be revoked afterwards.

How to respond to a lawsuit when a 6. is sued

If you receive the summons from the court, you should first judge the identity of the defendant: whether it is the "nominal borrower" or the cohabitation party who is "required to repay together. Identity is different, play completely different.

If you are the nominal borrower, you are in a passive position. You are the opposite party of the loan contract, the creditor is looking for you to pay back, legally stand. The only way out for you is to return the money first and then recover it from the actual user (take unjust enrichment or advance return), so the most important thing to do is to fix the evidence that "the money was spent by the other party" as soon as possible.

If you are the "other party who is asked to share", the defense space is much larger. The justifications available include:

  • does not belong to the common life, the common business: this debt is not for you or your common interests to borrow, you do not benefit.
  • No participation, no knowledge, no signature, no ratification: You have neither consented to nor subsequently recognized the loan.
  • The money is not used for living together: use the flow of funds to prove that the money is spent on the other party's personal consumption, such as the other party traveling alone and purchasing luxury goods.
  • The debt has been paid off: submit a repayment certificate claiming that the debt has been extinguished.
  • is the personal debt of the other party: for example, the debts of the other party due to illegal activities such as gambling and drug taking are not protected by law.
  • There is collusion or fiction: the court does not support the malicious collusion or fictitious debt between the creditor and the borrower.

The allocation of the burden of proof is in your favor. The creditor who advocates shared liability bears the burden of proving that the debt was used for “common living expenses or joint business operations”; your task is to present evidence demonstrating that you did not benefit—such as bank statements, spending records, chat logs, and proof of your residential status. The Xingning case in Guangdong serves as a cautionary example—Li, who advocated for joint liability, failed to provide evidence of expenses “incurred for common living,” and his claim was therefore dismissed. As long as we keep the "no benefit" line, we can avoid taking on debts for others in most cases.

7. How to prevent it in advance

It’s always better to take precautions beforehand than to resort to litigation afterward. During cohabitation, especially when you plan to live together long-term and have shared expenses or even run a joint business, it is advisable to take the following steps.

  • All large-amount financial transactions must be documented: for loans, draw up a promissory note specifying the purpose and repayment date; for shared expenses, keep the receipts and clearly indicate the purpose in the transfer notes.
  • Draft a written agreement regarding property and debts: clearly specify that each party is responsible for their own debts and how shared expenses will be allocated. Such agreements are binding internally; externally, they produce effects on third parties only if the third party is also aware of them.
  • Do not readily take out loans, apply for credit cards, or provide guarantees on behalf of others. Once your name is on it, the external liability rests with you.
  • Do not lend your ID card or bank card, and do not share your mobile verification code with others to avoid unauthorized card applications or online loans.
  • When breaking up, promptly settle all accounts, sign a written agreement, and preserve your chat records and transaction records—preferably by saving them with timestamps.

8. Frequently Asked Questions

Question 1: During cohabitation, if one party borrows money, is the other party obligated to repay it?Not necessarily. The principle is that each party repays their own debt; only when the debt was incurred for the common life or joint business operations of both parties, or when both parties have explicitly agreed to share the liability, is the other party required to repay it jointly.

Question 2: If a creditor directly sues the cohabiting partner, will the court grant the claim?It depends on whether the creditor can prove that the debt was used for common living expenses or joint business operations, or whether both parties had a mutual agreement to incur the debt. The burden of proof lies with the creditor; if the creditor cannot provide sufficient evidence, the claim is unlikely to be upheld.

Question 3: I paid off the debt for the other party—can I get that money back?Yes. If this is the other party's personal debt, your compensation will benefit the other party from liquidation, and you can request the return of unjust enrichment under Article 985 of the Civil Code, or you can claim it on the basis of advance payment and no-cause management. The key is to prove “this is the other party’s debt” and “I was the one who paid the money.”

Question 4: Can money transferred during a relationship be reclaimed after the breakup? Classified by nature. Holiday small red envelopes, "pocket money" and so on are generally recognized as gifts, which are difficult to get back. Those with IOUs, agreed repayment and collection records shall be treated as loans. In principle, bride price can be claimed to be returned when marriage registration is not handled, and those who have already lived together shall be dealt with as appropriate.

Question 5: Is a promissory note written at the time of a breakup legally valid?As long as both parties have expressed their true intentions and the agreement does not violate any mandatory provisions of the law, it is valid and will be upheld by the court. In the Luo Jiang case, the promissory note for RMB 68,000 issued by the defendant upon their breakup was fully upheld. Conversely, think carefully before signing, because it’s hard to go back on your decision afterward.

Question 6: How is debt incurred through a joint venture divided?Treated as joint debt. If the share can be determined, it shall be borne by share, and if it is not determined, it shall be shared by reference to the benefit and the proportion of capital contribution, and if necessary, it shall be liquidated jointly and severally.

9. Lawyer's Practical Insights

When dealing with cohabitation debts, the first recognition to be corrected is: no matter how long cohabitation is, no matter how deep the relationship is, as long as there is no registered marriage, it is not a husband and wife in law, and there is no such presumption of joint debts between husband and wife. During the period of cohabitation, the debt owed by one party in his own name shall, in principle, be repaid by whoever borrows it. The crux of the matter has never been whether you live together; rather, it lies in who ultimately benefited from the money and who reaped the advantages. By focusing on this key clue, you can avoid losing sight of the right direction.

When you are jointly sued by creditors, don’t panic; the key to your defense lies in the principle of contractual privity and evidence of benefit. In principle, the loan relationship is only established between the signatory and the creditor. What you have to do is two things: one is to prove that you are not a borrower, that you have no joint signature, and that you have not ratified it afterwards; the other is to show that the money is not used for your common life or business, such as the funds directly entering the other party's personal account and used for the other party's personal affairs. Conversely, if you are the creditor and seek to hold the other party accountable, you must fully establish the chain of fund flows and shared benefits; otherwise, it will be difficult to secure judicial support.

Internal settlement should also be handled as early as possible. You pay back the money for the other party, depending on whether it is the common debt or the other party's personal debt: for the other party to pay back the debt that should be borne by its individual, can be fully recovered. Instead of struggling to recover after the fact, it is better to distinguish accounts beforehand, avoid co-signing for each other's debts, and write clearly the purpose of large loans. These actions at that time are the lowest-cost line of defense. When the breakup situation is frozen, it is often passive everywhere.

reduced the full text into three sentences: cohabitation is not equal to marriage, and the cohabitation debt should be paid separately in principle; externally, if the creditor wants the other party to share the debt, he must prove that the debt is used to live together or operate together; internally, if one party pays the personal debt for the other party, he can recover it according to unjust enrichment.

Three pieces of advice for people in a cohabiting relationship. First, do not easily incur debt, apply for credit cards, or provide guarantees on behalf of others in your own name—since the name is yours, the responsibility lies with you. Second, large-amount transactions should be documented; promissory notes, annotations, and chat records all carry legal weight. Third, when breaking up, settle everything as soon as possible—get the accounts straight and put it all in writing; there’s nothing more effective than that. When it actually comes to court, what often determines the outcome is not logic or morality, but evidence.