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The Civil Code of the People's Republic of China stipulates that spouses have equal rights to handle joint property. In real life, disputes between spouses over joint property and family shared property are not uncommon. When conflicts arise, how does the law resolve them?


Borrowed Money by One Spouse: Does the Other Spouse Need to Repay?

In February 2019, Mr. Li borrowed 50,000 yuan from Mr. Zou. After the transfer, Mr. Li issued an IOU, promising to repay it by Labor Day. When the loan term expired, Mr. Li did not repay it. In August 2021, Mr. Li passed away due to illness. He had not made a will before his death. Both of his parents had predeceased him, and he had no children. The only statutory heir was his spouse, Ms. Lu. In September 2021, Mr. Zou filed a lawsuit in court requesting that the defendant, Ms. Lu, repay the couple’s joint loan of 50,000 yuan plus interest.

During the trial, Ms. Lu argued that the 50,000 yuan debt was Mr. Li’s personal loan, and she was unaware of it at the time of borrowing. After receiving the loan, Mr. Li did not use it for the couple’s joint life but for personal expenses such as purchasing gaming equipment and topping up games. Therefore, the 50,000 yuan debt did not belong to the couple’s joint debt, and she should not bear the repayment responsibility.

The court, after trial, held that although the 50,000 yuan debt was incurred after the couple’s marriage, it did not include Ms. Lu’s signature or subsequent recognition. Evidence provided by Mr. Zou during the trial could not prove that the 50,000 yuan debt was used for Mr. Li and Ms. Lu’s joint life, joint business, or based on their mutual consent. Therefore, the 50,000 yuan debt did not qualify as a marital joint debt. However, as the sole statutory heir of Mr. Li, Ms. Lu inherited all of Mr. Li’s estate and should repay Mr. Li’s debt to the extent of the actual value of the inheritance. The court ultimately ruled that the defendant, Ms. Lu, was liable for repayment of the principal and interest of the loan limited to the actual value of the inherited estate, and dismissed Mr. Zou’s other claims.

Judge's Statement
Article 1064 of the Civil Code of the People's Republic of China stipulates: Debts incurred based on the joint signature of both spouses or ratified later by one spouse on behalf of both, as well as debts incurred by one spouse in their own name for the daily needs of the family during the marriage, are considered joint debts of the spouses. Debts incurred by one spouse in their own name during the marriage that exceed the daily needs of the family are not considered joint debts of the spouses; however, this does not apply if the creditor can prove that the debt was used for the couple's common living, common production and operation, or was approved by the joint intent of both spouses. Article 1161 stipulates that heirs are liable for the taxes and debts legally payable by the deceased to the extent of the actual value of the inherited estate. Any amount exceeding the actual value of the estate that the heir voluntarily repays is not subject to this limitation. If the heir renounces the inheritance, they are not responsible for paying the deceased's legally payable taxes and debts.

In this case, the debt Mr. Li owed to Mr. Zou was not based on the joint intent of both spouses, nor was it used for their common living or common production and operation, and therefore does not constitute a joint debt of the spouses. However, since Ms. Lu inherited all of Mr. Li's estate, she is responsible for repaying this debt to the extent of the actual value of the inherited estate.

The widowed daughter-in-law fulfilled her main obligation to support her in-laws

Whether they have inheritance rights

Grandpa Li and Grandma Zhang have two sons, namely Li Dajun and Li Xiaojun. In 2005, Li Dajun died in an accident, and then Grandpa Li and Grandma Zhang lived with Li Dajun's spouse Ms. Chen and grandson Li Guang until 2022, when the two old people died one after another. After the death of Grandpa Li and Grandma Zhang, they left behind a property in which Ms. Chen and Li Guang lived. Because the parties did not reach an agreement on the inheritance of the property, Li Xiaojun sued Li Guang and Ms. Chen to the court, demanding to inherit 50% of the house.

During the trial, Ms. Chen argued that she lived with her in-laws before her death and assumed most of the responsibilities for supporting her in-laws, and that she should participate in the inheritance as the first heir.

After trial, the court held that the house was the estate of Grandpa Li and Grandma Zhang, and Ms. Chen, as a widowed daughter-in-law, fulfilled her main maintenance obligation during her in-laws' lifetime, and could be used as the first heir. Because Li Dajun died before the second elder, his grandson Li Guang inherited the share that his father Li Dajun should inherit in accordance with the law. The court finally ruled that Li Xiaojun, Ms. Chen, and Li Guang each inherit one-third of the house.

Judge's statement

Article 59 of the Law of the People's Republic of China on the Protection of Women's Rights and Interests stipulates that if a widowed daughter-in-law has fulfilled her main obligation to support her in-laws, as the first heir, her inheritance rights shall not be affected by the subrogation of her children. In this case, Ms. Chen fulfilled her main maintenance obligation to her in-laws after her husband's death, and was the first heir in accordance with the law, inheriting one-third of the inheritance.

The widowed daughter-in-law has fulfilled her main support obligations to her in-laws mainly through two aspects: first, to provide the main source of income for the life of the deceased and pay for living expenses, medical expenses, etc.; The second is to provide assistance to the daily life of the decedent, such as living together, cooking for the elderly, cleaning, caring for the elderly when they are sick, etc.

In the Civil Code, widowed daughters-in-law do not have a statutory obligation to support their in-laws, but in real life, many widowed daughters-in-law take on the responsibility of supporting their in-laws after the death of their husbands. China's law encourages widowed daughters-in-law to assume the responsibility of support for their in-laws, and supports supporters like Ms. Liu in this case to enjoy the right to inherit, which is also the promotion of the Chinese nation's virtue of respecting the elderly and filial piety.

Taking on More Household Responsibilities During Marriage  

Can Economic Compensation Be Obtained Upon Divorce  

Xiaofang and Xiaolin registered their marriage in May 2020 and had a son after marriage. Xiaofang often did business in other places, while Xiaolin quit her job after marriage to take care of the child and the elderly at home. The two lived apart for a long time, and their feelings gradually waned. In 2022, Xiaolin filed a lawsuit in court seeking a divorce from Xiaofang, while also claiming that she had undertaken more household labor during the marriage and requested economic compensation from Xiaofang.  

During the litigation process, both parties acknowledged that the marital relationship had indeed broken down and agreed to the divorce. However, Xiaofang did not agree with Xiaolin's claim for economic compensation for household duties, arguing that he had also fulfilled his family obligations and that the contributions of both parties to the family were not significantly unbalanced. In court, Xiaolin presented evidence such as photos and videos of her daily care for the child and the elderly, chat records with Xiaofang, household expense records, and witness testimonies from the child and neighbors to support her claims.  

After examination, the court held that Xiaolin quit her job after marriage to focus on raising the child and caring for the elderly, and the evidence she provided could prove that she contributed more to the family during the marriage. Xiaofang should provide appropriate compensation. The court ultimately ruled that Xiaolin and Xiaofang divorce, and Xiaofang is to pay Xiaolin 60,000 yuan as economic compensation for household labor.  
Judge's Statement

Article 1088 of the Civil Code of the People's Republic of China stipulates: if one spouse bears more obligations such as raising children, caring for elderly family members, or assisting the other spouse with work, they are entitled to request compensation from the other party upon divorce, and the other party shall provide it. The specific method shall be agreed upon by both parties; if no agreement is reached, the people’s court shall decide. In this case, Xiaolin bore more obligations in family care after marriage and should reasonably receive appropriate economic compensation from Xiaofang upon divorce.  

Although household labor is unpaid, it is of great significance to both the family and society, and its value is recognized and protected by law. Upon divorce, the spouse who undertakes more household labor should receive economic compensation from the other party. In practice, if both parties cannot agree on the compensation amount, the court generally determines the specific amount based on factors such as the time spent on household labor, the contribution of household labor to the family, the income levels of both parties, and the local basic living standards.  

(All names in this article are pseudonyms)  

This article is reproduced from the WeChat public account "Beijing Haidian Court," with our thanks!