Case Introduction
Wang and Xiao Zhang are husband and wife. However, a sudden dispute broke the original harmonious relationship between the husband and wife due to a debt problem of up to 200,000 yuan. It turned out that Wang had borrowed the money from his friend Qian in the name of his husband and wife without Xiao Zhang's consent, and Xiao Zhang didn't know anything about it. Xiao Zhang was shocked and said that he did not agree to the loan, the signature was forged, and he resolutely did not agree to bear the joint and several liability for the loan. In the end, Qian had no choice but to sue Wang and Xiao Zhang to the people's court.
Heard by the courts
In the course of the litigation, the people's court commissioned an appraisal to prove that the signature was indeed not Xiao Zhang's, and Qian could not provide evidence to prove that the loan was used for the husband and wife to live together. In the end, the people's court only ruled that Wang was liable for repayment.
Lawyer analysis
In judicial practice, this kind of borrowing money in the name of both spouses occurs from time to time, and this kind of behavior infringes on the legitimate rights and interests of the unwitting spouse, and even constitutes a crime in serious cases. However, we cannot generalize that all acts of borrowing money in the name of one spouse are invalid. If the creditor can prove that the loan was indeed used for the husband and wife's common life, such as buying a family property, paying for medical expenses, etc., or jointly operating a business, such as starting a business, opening a factory, etc., then the other spouse will be jointly and severally liable for the debt.