When both spouses take out a loan—or when one borrows for the family’s benefit—it’s easy to fall into a situation where one spouse must share the responsibility for repayment even without signing the contract. So, what determines joint liability? When can the other spouse avoid it? Let’s find out how to protect your property rights and prevent legal risks.

1. Concept and Legal Basis for Joint Loans

1.1 Definition of a Joint Loan or Common Debt Between Spouses

A joint loan during marriage generally refers to:

A loan that both spouses agree to and jointly sign; or
A loan taken by one spouse for the essential needs of the family, common benefit, or using shared property—in which case it becomes a joint debt.

Under the Law on Marriage and Family 2014, such loans are considered a joint financial obligation if:

The transaction is jointly agreed upon by both spouses; or
One spouse enters into the transaction to meet the essential needs of the family.

1.2 Legal Basis and the Concept of Joint Liability

According to Article 27 of the Law on Marriage and Family 2014, “Husband and wife are jointly liable for transactions conducted by either spouse... or other transactions in accordance with representation rules.”

Under Article 37, spouses have joint property obligations when:

The transaction is agreed upon by both;
One spouse enters into it for the family’s essential needs; or
Separate property is used to develop common property.

“Joint liability” means that if one spouse carries out a transaction for the common benefit, the other may be held jointly responsible.

Thus, joint liability may arise not only when both sign a contract, but also when the loan serves the family’s interests.

2. When Are Both Spouses Responsible?

2.1 Loans Made by Joint Agreement or for Family Purposes

If both spouses agree to borrow, sign the contract, and use the funds for common purposes—such as buying a house, car, or investing in a family business—the loan is regarded as a joint debt.
If only one spouse borrows but uses the money for essential family needs (e.g., medical treatment, child care, household expenses, or shared business investment), courts often rule that both must share the liability. For example, if a wife borrows to raise livestock for family income and the husband fails to repay, he may still be held jointly responsible.

2.2 Loans Constituting “Joint Debt” or “Joint Liability”

When a loan is recognized as a joint financial obligation, both spouses may be required to pay equally—each 50%—or as otherwise agreed.
When a loan creates joint liability, the creditor may demand repayment from either spouse or both. If the common property is insufficient, separate assets may be seized.
Even after divorce, if the loan originated during marriage and qualifies as a joint obligation, both must still perform repayment duties. Article 60 of the 2014 Law on Marriage and Family affirms that property obligations between spouses toward third parties remain valid after divorce.

3. When Is Only One Spouse Responsible?

3.1 A Loan Considered the Separate Debt of One Spouse

There are many cases where one spouse borrows money without the other’s knowledge or consent, or for personal, non-family purposes. In such cases, the other spouse is usually not liable. Examples include:

Loans incurred before the marriage;
Loans taken by one spouse without informing or agreeing with the other, and not for family needs (e.g., gambling, speculative trading, extravagant personal spending);
Loans clearly used for individual purposes and not creating any benefit for the family, or explicitly recognized as personal obligations under law.

3.2 Proving Non-Liability

To avoid being held jointly liable, the non-borrowing spouse should:

Prove that the loan was not for essential family needs;
Show they had no knowledge of or agreement to the loan;
Provide evidence of how the borrowed funds were used;
Clearly establish separate property or debt division in legal documents.

4. Practical Notes and How to Handle Disputes

4.1 Precautions When Borrowing During Marriage

Before signing any loan contract during marriage, both spouses should agree in writing on the loan’s purpose and who will be responsible in case of default or dispute.
Keep all documentation—loan contracts, receipts, bank statements, messages, and records of how the money was used—as proof if a dispute arises.
For loans meant for joint business, investment, or household expenses, it’s best for both spouses to sign or record the agreement in writing.
If you discover that your spouse has taken a personal loan without your knowledge, communicate clearly and document your objection to avoid later enforcement against you.

4.2 Steps to Resolve Loan-Related Disputes

Analyze key facts: When was the loan made? For what purpose? Did the other spouse know or agree? Was shared property used?
If you are sued for repayment after divorce, you can ask the court to determine whether it is a joint or separate debt and to allocate repayment responsibility accordingly.
If you are the creditor, confirm whether the borrowing spouse acted with the other’s knowledge or for family purposes before demanding repayment from both. Otherwise, you can only pursue the borrowing party.
During divorce proceedings, ensure all common debts and repayment responsibilities are clearly specified in the settlement to prevent enforcement issues later.

5. Conclusion

When both spouses borrow—or when one borrows for family benefit—joint liability for repayment can easily arise. Conversely, if the loan serves only personal interests, predates the marriage, or is unrelated to family welfare, the other spouse may not be held responsible.

Understanding these distinctions helps couples protect their financial interests and avoid unnecessary disputes—because a loan should never become a burden that endangers your family’s future.

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Disputes Over Joint Loans: When Are Both Spouses Liable?