Does the spouse need to bear the obligation of repaying the loan borrowed by one party before marriage after getting married?
[Case Review]
From October 2023 to January 2024, Xiao Wang requested a loan from Cui, citing the need for funds for business operations. Cui transferred a total of 400,000 yuan to Xiao Wang in multiple installments. Subsequently, in February 2024, the two parties signed a loan agreement, specifying a loan amount of 400,000 yuan, a monthly interest rate of 1%, and a loan term from January to March 2024. After signing the agreement, Xiao Wang repaid 45,500 yuan, but the remaining amount has not been repaid.
Mr. Cui believes that the money he lent to Xiao Wang was used by Xiao Wang and his spouse Xiao Gao for their joint living after marriage. Therefore, he brought both of them to court, demanding that they jointly bear the responsibility of repayment.
Xiao Wang claimed that he had indeed borrowed money before marriage, but the borrowed funds were not used for post-marriage living expenses, and Xiao Gao was unaware of this. As of the trial of the case, Xiao Wang had repaid part of the loan, and currently owes the plaintiff a principal of 131,711 yuan. Xiao Wang had communicated with Cui via WeChat regarding the extension of the repayment deadline, so there was no breach of contract. Cui claimed both overdue interest and liquidated damages, which exceeded the legal limit.
Xiao Gao claimed that he was unaware of Xiao Wang's pre-marital loan from Mr. Cui, and the loan was not used for their joint living expenses, thus it does not constitute a joint debt of the couple.
The court held that the loan in question was borrowed by Xiao Wang from Cui before their marriage, and Cui did not provide evidence to prove that the loan was used for their joint family life after marriage. Therefore, the loan in question was Xiao Wang's unilateral debt, and Xiao Gao should not bear the joint repayment obligation.
[Take the case as a warning]
How to distinguish whether pre-marital loans will become joint debts after marriage? Chen Xiaodi, a judge assistant at the Haidian District People's Court in Beijing, explained that personal debts incurred by one party before marriage are, in principle, their personal debts, and the spouse is not required to bear the obligation to repay. However, if the creditor can provide sufficient evidence, such as bank statements, consumption vouchers, chat records, witness testimonies, etc., to form a complete evidence chain, proving that the debt was actually used for the joint family life of the debtor after marriage, such as using pre-marital loans for the down payment of a post-marriage house purchase, paying wedding expenses, purchasing household necessities, or repaying the mortgage of a jointly inhabited house after marriage, the court may legally determine that the debt has been converted into a joint debt of the couple, and the spouse needs to bear the corresponding repayment responsibility within the scope of their benefits. Otherwise, the creditor will bear the risk of losing the lawsuit.
During the existence of a marital relationship, debts incurred by both spouses due to their common living, joint production and operation, or based on their joint intention shall be legally recognized as marital joint debts, and both parties shall bear joint and several liability for repayment.
The term "living together" encompasses not only basic living expenses such as daily necessities, food, housing, transportation, children's education, and medical expenses, but also reasonable expenditures aimed at enhancing the quality of family life, such as purchasing a family car, renovating the house, and spending on children's education.
In addition, even if the loan is borrowed by one party in their personal capacity, as long as it is based on the joint signature and subsequent ratification of both spouses, such as issuing a repayment commitment letter or explicitly acknowledging the debt during the collection process, it is sufficient to indicate a willingness to share the burden and constitutes a joint debt of the spouses.
Chen Xiaodi stated that in judicial practice, determining whether a debt belongs to the joint debts of a couple requires careful identification based on multiple factors. The primary consideration is the purpose of the loan; secondly, the intention expressed by both spouses towards the debt should be examined; thirdly, the income sources and economic status of the couple need to be analyzed; in addition, factors such as the local living standard, family consumption habits, and the amount of debt should be taken into account to comprehensively judge whether it falls within the reasonable scope of "daily household needs." (Liaowang New Media)
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