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Identification Standards and Burden of Proof for Community Debts

Source:Supreme People's Court
Author:Wu Jingli
Release Time:2026-07-21
Article 1064 of the Civil Code stipulates that debts incurred by both spouses with joint signatures or with retrospective ratification by one spouse, as well as debts incurred by one spouse in their own name during the marriage for the daily needs of the family, are community debts. Debts incurred beyond the daily needs of the family are not community debts, unless the creditor can prove that the debt was used for the common life or common production and operation of the spouses.