According to Article 34 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China, if one of the husband and wife colludes with a third party to fabricate a debt, and the third party claims that the debt is a joint debt of the husband and wife, the people's court will not support it.
In the event of a divorce, if one party proposes that the debt needs to be borne by both parties, the debtor needs to provide evidence to prove that the debt is a joint debt of the husband and wife, such as the signature of the spouse on the IOU or the subsequent recognition of the spouse, and the debt is used for the daily life of the family. If the spouse believes that the other party has forged the debt, he or she shall provide relevant evidence to prove that the debt does not exist or is not a joint debt of the husband and wife. The borrower should also provide evidence from the perspectives of whether the debt is real, whether the debt is necessary and reasonable, or whether it is used for the husband and wife to live together and operate together.
In addition, in 2021, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice jointly issued the "Opinions on Further Strengthening the Punishment of False Litigation Crimes", which strictly reviews and highly precautions against acts of falsifying evidence and conducting false lawsuits, and if it constitutes a crime, criminal responsibility is pursued in accordance with law. As a result, fictitious debts will not only not be supported by the law, but may also be subject to judicial penalties for obstructing civil litigation for falsifying debts, and may even be subject to criminal liability in serious cases.