What Is Community Debt
What Is Community Debt
Community debt of a couple is debt incurred by either spouse or both spouses during their marriage that is generally for the benefit of the spouse or their family and for which both spouses are liable to pay.
In accordance with Article 1064 of the Civil Code of the People’s Republic of China, community debts include the debts incurred during the marriage of a couple:
- by both spouses through their joint signatures;
- by either spouse and subsequently ratified by the other;
- by both spouses through any other manifestation of mutual assent; or
- by either spouse in their own name to meet the needs in the daily life of their family.
In terms of Item 4 above, the spouse incurring a debt in their own name to meet the needs in the daily life of their family should prove that such debt is actually used to meet the needs of their marriage or family life or joint business operations, or incurred based on their manifestation of mutual assent. Otherwise, such a debt will be deemed as the personal debt of the spouse that incurred the debt.
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Robert Zhang
A divorce lawyer registered in Shanghai, China. Master's degreePublished work…
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Steve Li
An international divorce lawyer registered in Shanghai, China. Master's degre…
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