Marriage is a serious commitment – it’s worth remembering. Today we will try to discuss the issue of the liability of spouses for financial obligations. Wife or husband made debts? Have you ever heard that a wife pays off her husband’s debts and you wonder if this is true? Or maybe you heard that your husband is responsible for your wife’s debts? You ask yourself: Am I responsible for the debts of my husband / wife? Let’s shed some more light on this topic!
Is the wife responsible for her husband’s debts?
Husband’s debts and wife’s responsibility – what should you keep in mind? Is the spouse responsible for the spouse’s debts? Suppose a husband or wife, during a marriage (with joint property), took out a loan. What is the spouse’s responsibility for this type of debt? In this case, the key issue is whether your spouse agreed.
The spouse did not agree. In this situation, according to the law in force in Poland, the party who took out the loan is responsible for this debt with his personal property. At the same time, however, the bank may demand that the liability be settled using certain elements of the joint property of the spouses, for example employee salary.
The spouse agreed. If the wife / husband agreed that the spouse should take out the loan, then the spouses (both the borrower and the spouse) are responsible for settling the joint property and the debtor additionally with personal property.
Borrowers are husband and wife. The spouses are jointly liable for joint loan and personal property.
Responsibility for the spouse’s debts and ‘ordinary family needs’
But this is not the end! If your husband or wife decided to take out a loan during their marriage with property community, which would be used to meet the “normal needs of the family”, you are also responsible for them! In this situation, the spouses respond with both joint property and personal property.
The examples discussed relate to loans taken out during a marriage with a joint property and do not relate to a situation in which the spouses have a joint venture, etc. To sum up: the awareness of the extent to which we are responsible for the spouse’s debts will allow us to reasonably secure our interests, especially if we are perfectly successful realize that the husband / wife has a laid-back approach to financial management.