My WordPress Blog Tue, 26 Feb 2019 12:48:57 +0000 en-US hourly 1 The spouse’s responsibility for my consolidated debts Tue, 26 Feb 2019 12:48:57 +0000



There should be no secrets in a good marriage. However, there are different situations in reality when the spouses do not fully understand the truth. Such a situation mainly concerns financial matters – both earnings and debts. Let’s focus on the latter. When is the spouse obliged to pay the debts?

If it turns out that the spouse took a loan and does not regularly reduce their consolidated debts, the fear that the liability for debts falls on the other person is justified. However, we will not have to pay off debts in every situation. At present, the responsibility for the consolidated debts of the spouse is whether we have agreed.

When the consent has been expressed

When the wife or husband knew that the other half borrowed and agreed, then the case looks as follows. If the debt is not repaid, it goes to debt collection and then to court. When the court grants a enforcement order, the spouse’s property may be seized. This applies to the part of the property that is covered by the property community.

Confirmation of consent of the spouse to take out the loan is in the document confirming this. It may be an official document – such documents are automatically considered to be true, as well as a private document. Here, there is a risk that the letter has been forged, therefore the spouse who has not signed any loan document can claim his rights.

When can you avoid liability?

However, the spouse is not always required to pay the debt. This applies to several situations. An enforcement clause against a spouse can not be granted when the debt arose prior to the commencement of joint property, i.e. before marriage or after divorce.

Liability is also not payable if the property separation has been signed with the spouse. However, when such an agreement arises after the appearance of an unpaid debt, then it does not guard against liability.

The usual needs of the family

It is also worth mentioning one more important topic related to the liability for debts in marriage. It’s about the ordinary needs of the family. In this situation, even if the other spouse does not agree to the loan, we may be required to repay. The usual needs of the family are called in this context, such as: expenses on food, bills, including electricity, gas, telephone, clothing purchases and small household appliance items.

However, even in such cases, the spouse is not without defense. He can plead for so-called important reasons that may release him from liability. These may include, among other things, the proceedings led by ineptitude, extravagance or recklessness of the other spouse.

In summary, not in every situation the spouse is responsible for the debts of the other person. When the loan is taken in secret and the spouse does not agree to it, in such a situation, in accordance with the law, he does not have to bear responsibility for the debts incurred.


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Limitation of consolidated debt – can repayment be avoided by counting on a loan being prescribed? Fri, 22 Feb 2019 11:22:15 +0000


What is the aging of consolidated debt?

In accordance with the applicable provisions of the Civil Code, each debt incurred has its expiration date. After this period, the obligation does not disappear, but it becomes practically impossible to make a payment from the debtor. The debt may be time-barred if the creditor – a natural person, bank or loan company, did not ask for his return, did not bring the case to court, and thus did not stop the limitation period (Article 123 § 1 of the Civil Code).

What consolidated debts may be time-barred and when the time is up to the statute of limitations

Limitation regulated by art. 118 of the Civil Code may apply to any debt, ranging from a parking ticket, through arrears in payment of rent, to long-term debts. This provision also applies to loans from individuals, financial enterprises, or unpaid bank loans. It is essential that the company or institution does not enforce payment in a different way than using standard debt collection activities. Time should be counted from the first day the creditor can begin to demand repayment of the debt. Most often, this is the date immediately after the end of the loan or loan agreement.

How much do you have to wait for the statute of limitations?

In the case of a loan or credit agreement, the limitation period is 3 years because the contracting party is a financial institution or an economic entity. It is good to interpret the rules in force and be aware that if the creditor transfers the case to the debt collection agency, it does not interrupt the limitation period. His suspension only causes the case to be brought to court or a bailiff is requested to initiate execution. The situation is slightly different in the case of loans from a natural person, because the period of limitation is in this case 10 years, and in accordance with the new regulations, 6 years. Theoretically, this is the time in which the debtor is to improve his financial situation and accumulate funds necessary to cover claims. In practice, matters relating to loans granted in the family or among close friends are rarely referred to court, and many debts are expired.

Limitation of a bank loan and loan

It should be assumed that the prescription of a bank loan will not come to an end, because the bank will quickly refer the case to court. Such cases, however, happen in the case of companies providing quick loans – payday loans. Even after a few years from the cessation of repayment, you can expect a phone call from a debt collection company, which will be interested in recovering the debt. The debtor will not be informed about the statute of limitations. What is more, the debt collector will try to enforce the repayment and may refer the case to court proceedings. However, the law works in favor of the debtor and if there is a limitation period, the court will not require the borrower to settle the claims. However, this does not change the situation of the debtor: he does not have to pay liabilities, but his debt exists, and he is listed in the Credit Information Office and the National Debt Register .

Using additional financing is a simple way to meet your current needs. It is worth lending money with common sense to avoid later unpleasant consequences in the event of repayment. On the other hand, everyone who decides to use the offer of a bank or a loan company should know what is the limitation period and in which situations it applies.


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