When are we responsible for the consolidated debts of the other spouse?



If you want to furnish an apartment, build a house or buy a car, many marries take out loans or credits . It also happens that loans in a marriage are taken without the knowledge of the other spouse.

The problem arises when such debts are not repaid. Then the question arises whether I am responsible for the consolidated debt of another person and whether they have to pay it back?

In a marriage, there may be various situations that can not be predicted beforehand. It is a relationship between two people and we are not always able to control what the other person is doing. This also applies to borrowing or loans . Fortunately, the Polish law has been constructed so that we do not always have to be responsible for the consolidated debts of the other spouse. There are some limitations in this regard, which are worth knowing.

The timing of consolidated debt is important

The very moment the spouse takes out a consolidated debt is important. If he did it before the wedding, he is only responsible for this kind of consolidated debt. At that time, there was no mention of any property community. If we did not know anything about the loan or the loan of a spouse who has already contracted during the marriage, the moment of using this financial service is also important. If it happened before January 21, 2005, unfortunately we are obliged to pay off the consolidated debt. However, if it happened after the new regulations came into force, then we can avoid paying.

Property separation

The best defense against paying your spouse’s consolidated debts is, of course, an intercourse. It is worth, therefore, to write off the property separation of a notary for your own safety and comfort. Many people today use such a solution and there is nothing wrong with it. No married person should blame his partner for writing an inter-relationship. Thanks to this, everything we earn ourselves in marriage is ours and nobody has the right to do so outside of us. In the intercourse, we precisely write everything that is our property. In addition, it is worth emphasizing that also the property inherited from parents, grandparents or other relatives is our property and not our spouse, even if the property separation has not been written down.

Exceptional situations

In a marriage, there are also many exceptional situations in which we also do not have to be responsible for the consolidated debts of the spouse. This happens even if our spouse has been incapacitated by the court or declared bankruptcy. Also in the case of separation, only the person who enlisted is responsible for consolidated debts. In these situations automatic separation of assets arises. However, we must know that after the end of a specific situation we are jointly responsible for consolidated debts. The problem arises also when consolidated debts were incurred to meet the family’s needs.

It is about current bills, food or clothes. Then, it is necessary to repay such a commitment by both spouses equally. It must be admitted, however, that this is a fair solution.