Does the Wife have to Pay Off her Husband’s Debts?
April 10, 2019
The spouse’s consent to borrowing is not required. All you need is good creditworthiness and one person can borrow up to 20,000. zł. Problems usually start only when the partner has problems in repayment. Does the wife have to pay off her husband’s debts she did not know about? Despite the 2005 amendment, it sometimes turns out that it does. More of this story:
Marital property and the loan without the consent of the spouse
Asset community has no right to limit consumer access to a loan or a loan. For independent lending, despite the lack of separation of assets, it is possible to amend the Family Code of 2005 1. For the money borrowed on its own, the consumer is responsible for personal property.
With adequate creditworthiness you can borrow from 100 zlotys to even 20 thousand. PLN without the consent of the spouse. The partner’s consent is only necessary for high loans secured by, for example, a mortgage and taken for many years. Non-bank companies usually provide loans without unnecessary formalities and certificates for any purpose. A cash loan from the bank is also not difficult to receive. All you need is a low credit risk assessment.
The spouse’s property is protected even in the case of debt enforcement. In this case, the creditor incurs the debt:
- from remuneration for the borrower’s work,
- from revenues related to its copyrights,
- from industrial property rights,
- other creator’s rights regarding the debtor,
- from property objects, but only those belonging to the borrower.
Is the wife responsible for her husband’s debts?
In a situation where one of the partners found itself in the so-called spiral of debt, the consequences of unpaid loans can reach both people. Difficulties are caused by the fact that neither the bank nor the loan company can provide any information about the partner’s obligation even to his spouse. On the other hand, co-responsibility for debts is possible. This situation was defined in Article 30 of the Family and Guardianship Code 2.
If the creditor proves that the money has been allocated to meet the needs of the family, he will have the right to apply for the collection of receivables from the joint property. Therefore, the money would have to be allocated to:
- buying food,
- buying clothes,
- payment of the invoice,
- shared holidays,
- purchase of goods that the spouses use together.
If the creditor does not present the relevant evidence before the court, he will not have the right to claim debt from the joint property. However, the bailiff may also file an application for forced financial separation. If the court approves such a request, the debt collector will start to recover half of the debt owed to the indebted spouse.
Property separation and debts – will the division protect the estate of a spouse?
Even a small debt can become a big problem if it is not repaid on time. Partners in the financial community may feel threatened. However, it is not enough to draw up a document separating assets at home – this should be entrusted to a lawyer. In exceptional cases, the court may decide to separate financial assets also with a retrospective date (but only in the case of a previously established separation). The premise for judicial separation of assets is:
- waste of common property,
- not contributing to the creation of property,
- pending case for divorce or separation.
However, it must be remembered that establishing the separation of assets at a time when financial problems have already begun may not be effective. The property community is determined automatically at the time of marriage. Therefore, if the spouses want to protect their property, they should submit an application for property separation before the wedding.
To this end, pre-marital intercourse is increasingly being signed. The cost of concluding it before the wedding is the cheapest. It is PLN 400 (plus the cost of VAT). If the spouses want to establish property separation after the wedding, then the costs of issuing the document increase significantly (amount to minimum PLN 600).
The notary’s salary increases along with the value of the property of the joint marriage accumulated during its lifetime. The rate can range from PLN 100 (with assets worth not more than PLN 3,000) to as much as PLN 10,000. PLN (in the case of assets exceeding PLN 2 million). However, the fee for a copy is PLN 6 for each page plus the cost of 23% VAT.
Two people with full legal capacity can sign an intercourse. It is enough to have only an ID card (in the case of a marriage also an act of its conclusion). The intercrancy eliminates the financial community, thanks to which only the person who enrolled them repays the obligation. A creditor can claim rights only from her personal property. The law, however, does not work back. The property separation protects the spouse, but only from the moment the separation is established.
Long after divorce. Can you avoid liability?
As much as 12 percent people take out loans without the partner’s knowledge. Is the wife responsible for the debts of her husband after the divorce? In 2015, every eighteenth person took over the repayment of the loan after the former spouse. As much as 68 percent this group was made up of women paying off debt owed by their husbands 3. In 2016, 32.5 percent struggled with uncertain debts. of the respondents 4.
Currently, the spouses are jointly responsible only for those loans that were incurred before the date of the separation or divorce decree. The second condition is the consent of both of them to incur debt. Nowadays, divorces are not divisible after divorce. If one of the spouses has a problem with the repayment of obligations, his share in the division of joint property is reduced. However, the creditor has the right to choose the person responsible for the loan – and usually chooses a person with a higher creditworthiness.
It happens that due to the solidarity of the debt, the spouse must pay back the loan he did not know about. In a separate court case, the answer of one of the parties may be excluded. Such a judgment must be based on the evidence that the partner acted to the detriment of the other through extravagance. For example, the partner’s spending of common property on objects that have no economic justification or inefficiency in incurring financial obligations.