In China, your spouse’s secret debts can no longer drag you down
Husbands and wives will be held responsible for partners’ borrowing only if they signed initial paperwork or gave formal consent
Chinese spouses will from Thursday no longer be held accountable for unreasonable debts racked up by their partners, after lawmakers redefined the concept of marital joint liability.
In a revision to Article 24 – a document that helps courts interpret the Marriage Law – the Supreme People’s Court said on Wednesday that debts will be considered shared liabilities only if both partners sign the original paperwork, or if a non-signatory later approves the borrowing.
The change does not apply to spending or borrowing considered reasonable in a marriage, such as payments made for shelter or food, the court said.
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Speaking at a press conference, Supreme Court judge Cheng Xinwen said the update to the article was intended to reflect a changing society.
It was considered necessary in view of the rising number of cases of people finding themselves in financial difficulty because of their spouses’ clandestine borrowing, he said.
The previous version of the article stated that all debts incurred in a marriage were the joint liability of both partners.
Lu Xiaoquan, a lawyer with the Beijing-based Qianqian Law Firm, welcomed the revision, saying it shifted the balance of legal protection in favour of the victims of marital debt and away from their creditors.