China Justice Observer

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How Debt is Divided in Divorce?

At the time of divorce, joint debts of the couple shall be paid off jointly by them.

Joint debts shall refer to: (1) debts arising from the conduct of both husband and wife; (2) debts arising from either spouse's ratification of the other spouse's conduct after the occurrence of the debt; (3) debts incurred by either spouse in his/her sole name during the marriage to satisfy the needs of daily family life; and (4) debts incurred jointly by the husband and wife in living together or used for joint production and operation.

 

References:

Civil Code of China: Part V Marriage and Family (2020): Article 1064, 1089

Contributors: CJO Staff Contributors Team

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