Roulette and Runaways: A Tangled Tale of a Chef, His Secretary, and the Loan Shark

In the bustling heart of Wuhan lived Jack and Jill, a dynamic duo without the pitter-patter of tiny feet to fill their apartment. Jack, a maestro in the kitchen of a local eatery, had a penchant for a gamble or two (or a hundred), while Jill kept the gears of corporate life well-oiled as a company secretary.

Jack’s relationship with Lady Luck was, unfortunately, as sour as a lemon. He gambled away three-quarters of his paycheck on anything that moved – horses, cards, you name it – and Lady Luck, ever elusive, left him high and dry each time. Jill, armed with the threat of divorce, tried to pull him back from the brink, but Jack was a boomerang to bad habits, always returning to his old ways after a month’s hiatus.

Then one fateful day, Jack’s buddy whispered a ‘surefire’ tip into his willing ear. The football gods had apparently aligned, and he was convinced to bet a borrowed million on the sly. In his mind, it was a one-way ticket to Easy Street, to recover all his losses in a single stroke.

Of course, life’s free lunches are as rare as a steak at a vegan banquet, and Jack’s gamble plunged him even further into the abyss of debt. With visions of loan sharks sharpening their knives, Jack hotfooted it to Thailand, hoping to fade into the land of smiles and sun until the sharks lost his scent.

But Alex, the not-so-friendly neighborhood loan shark, had other ideas. He showed up at Jill’s door, looming like a storm cloud with a simple demand: “Your hubby Jack is in for a million. Time to pay up.”

Jill, as unyielding as a bank vault, retorted, “He’s gone with the wind, and so is your money. Find him and shake the coins from his pockets, not mine.”

Alex, growing irate, insisted, “He’s your better half, MIA or not. That makes you the lucky contestant in this debt repayment game show.”

Jill, with the door slamming like the final note in a symphony, declared, “Not a single penny! Take one more step and it’s the boys in blue for you.”

So, the million-dollar question remains: Is Jill legally bound to satisfy Jack’s debts, or can she dodge the financial bullet of her runaway Romeo?

 

Law In A Minute

No, Jill is not required to bear the financial brunt of Jack’s misadventures. Since Jack’s gambling escapades crossed into the realm of illegality, Chinese courts would not hold Jill accountable for his missteps. Under Chinese law, while couples do share joint obligations, this principle strictly applies to lawful transactions and acquisitions, such as the purchase of homes, vehicles, or other assets.

Activities that fall outside the legal purview, including drug use, gambling, and involvement in prostitution, do not impose shared financial responsibility on spouses. Therefore, Jill’s obligations do not extend to the debts incurred by Jack through his illegal gambling activities.

 

Legal Basis

Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the Marriage Law of the People’s Republic of China (II)

Article 24

During the existence of the marriage, if either the husband or wife files a claim for a personal debt in the name of one party, the debt shall be treated as a joint debt of the husband and wife, unless either the husband or wife is able to prove that the creditor and the debtor have clearly stipulated it as a personal debt or to show that the debt is under any of the circumstance as prescribed in the third paragraph of Article 19 of the Marriage Law.

Where a third party claims rights over any debt fabricated by one spouse in collusion with the third party, the people’s court shall not support the third party’s claim.

Where a third party claims right over any debt owed by one spouse when he or she commits any violation or crime, such as gambling and drug use, the people’s court shall not support the third-party’s claim.