Referee gist:
During the existence of the marriage relationship, one of the spouses has a large amount of debts in the name of the individual, the number of transactions is large, and the time span is long, and the two parties have purchased huge assets and jointly operated the business during the existence of the marriage relationship. At the same time, if one of the husband and wife frequently transfers money to the other during a period of time before the divorce, and cannot give a reasonable explanation for the reason for the transfer and the nature of the money, the debt involved in the case should be determined to be a joint debt of the husband and wife, and the husband and wife should bear the joint repayment responsibility.

Case No.: (2022) Supreme Court Min Shen No. 425

Reasons for the referee:
During the existence of the marriage relationship, A owed a large amount of debts in the name of the individual, with a large number of transactions and a long time span. According to the effective (2019) Yun 05 Minzhong No. 873 Judgment involving A’s personal current account transaction details of the People’s Bank of China, it can be seen that A’s divorce occurred from February 21, 2017 to before the divorce (A and B divorced on September 19, 2018). In this case, B transferred more than 5 million yuan to B in several batches. In this case, B could not give a reasonable explanation as to why A transferred the money to her during this period and the nature of the money. According to Article 3 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Marital Debt Disputes, the original trial found that the debt involved in the case was a joint debt between husband and wife A and B, and that A and B should bear joint repayment responsibilities. There is nothing wrong with applying the law.
Legal article: Article 1064 of the Civil Code of the People's Republic of China The debts borne by the joint signature of both husband and wife or the ratification of the husband and wife after the event, and the daily debts of the husband and wife in the name of the husband and wife during the existence of the marriage relationship Debts incurred for living needs are joint debts of husband and wife.

During the existence of the marriage relationship, the debts incurred by one of the husband and wife in the name of the individual beyond the daily needs of the family do not belong to the joint debt of the husband and wife; except.

Zhang Xuehua, a lawyer from Beijing Kangda Law Firm, lawyer license number: 11101200510298487, obtained a lawyer's license in 2005, and is good at debt collection, real estate disputes, and corporate legal affairs