Will one party s gambling account be borne by both parties in the event of a divorce?

From the perspective of judicial practice, the debts incurred by individuals due to illegal acts at the time of divorce should be borne by individuals. The specific judgment shall prevail.

Article 24 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that: "Where a creditor claims rights in respect of a debt incurred by one of the spouses in his or her own name during the existence of the marital relationship, it shall be treated as a joint debt of the husband and wife. However, one of the husband and wife can prove that the creditor and the debtor have expressly agreed that it is a personal debt, or can prove that it falls under the circumstances provided for in paragraph 3 of article 19 of the Marriage Law.

Paragraph 3 of Article 19 of the Marriage Law stipulates that "if a husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or the wife to the outside world are known to the third party, the debts owed by the husband or wife shall be paid off with the property owned by the husband or the wife".

The above two provisions indicate that debts owed in the name of one party during the existence of the marital relationship shall, in principle, be recognized as joint debts of the husband and wife and shall be repaid jointly by the husband and wife. However, if one of the spouses can prove that the debt is indeed a personal debt of the debtor or that the creditor is aware that the husband and wife have agreed to manage the property separately, then the parties to the marriage who do not owe the debt can oppose the creditor's claim.

Gambling debts are illegal debts and are not protected by law.

No, gambling money has nothing to do with the other party.

Legal Analysis: One party gambling arrears do not need to be jointly borne by the husband and wife for divorce. Under normal circumstances, debts incurred during the marriage of husband and wife are joint debts of the husband and wife, and the husband and wife are jointly and severally obliged to repay.

However, if one of the spouses owes a debt due to gambling, according to the law, it is not a joint debt, but is regarded as an individual debt owed to the debtor, so the other party does not need to repay it jointly.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife voluntarily reconcile and divorce, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

The people's court hearing a divorce case shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between the husband and the wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

When one party gambles and the court's mediation fails, a divorce shall be awarded. According to the provisions of paragraphs 1 to 3 of Article 1079 of the Civil Code, if one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the People's Court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted: (1) bigamy or cohabitation with another person; 2) Committing domestic violence or abusing or abandoning family members; 3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing; 4) Separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. Paragraphs 1 to 3 of Article 1079 of the Civil Code provide that if one of the spouses requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted: (1) bigamy or cohabitation with another person; 2) Committing domestic violence or abusing or abandoning family members; 3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing; 4) Separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Legal Analysis: If one of the spouses in the divorce has gambling debts, the court will not support them as joint debts. The specific provisions of the law are:

Where a third party claims that the debts incurred by one of the husband and wife in the course of gambling, drug abuse, or other illegal or criminal activities are joint debts of the husband and wife, the people's courts are not to support them.

Legal basis: Article 1064 of the Civil Code of the People's Republic of China Debts borne by both husband and wife in a joint expression of intent, such as a joint signature of the husband and wife, or a husband and wife's subsequent recognition of defeat, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.

Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt is used for the husband and wife's common life, joint production and business, or based on the consent of the husband and wife.

Legal analysis: The joint debts of the husband and wife should be repaid jointly at the time of divorce, but if the gambling debts of one party are divorced, the other party should cite relevant evidence to prove that the debt is a personal debt borne by the other party due to gambling, then the debt will not be jointly repaid by both parties, and the debtor himself will be repaid. Because the debt is not used in family life, but only for unreasonable personal expenses, it is not a joint debt.

Legal basis: Article 303 of the Criminal Law of the People's Republic of China: Whoever gathers a crowd to gamble or uses gambling as a business for the purpose of eliminating profit-making is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and a concurrent fine. where a casino is opened, a sentence of up to five years imprisonment, short-term detention or controlled release is to be given, and a concurrent fine; where the circumstances are serious, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given.

Where citizens of the People's Republic of China are organized to participate in gambling outside the country (territory), where the amount is huge or there are other serious circumstances in the guesswork, punishment is to be given in accordance with the provisions of the preceding paragraph. where a casino is opened, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and a concurrent fine; where the circumstances are serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.