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.