Debt enforcement law: Am I liable for my spouse’s debts?

Any person of full age and capable of discernment must answer for his or her actions alone. Thus, the debts should also apply to that.

However, marriage creates a bond that can in some cases indebt the spouse who is not concerned. It is therefore perfectly normal to be concerned about this and to take the necessary measures to avoid this risk.

Lawrence explains the situations in which you are responsible for your spouse’s debts

In principle, and regardless of the matrimonial regime chosen, debts are personal and do not concern the spouse. It is therefore important to determine the origin of the debt in order to know whether you can be sued. 

 

If your spouse’s debt is individual, you cannot be sued.

If the debt is the result of a couple’s interest, such as a current household need, children’s school fees, etc., you can be sued. 

If the debt requires joint liability by contract or by law, you can be sued.

Here are some details related to the matrimonial regime of your couple:

– Regime of joint ownership of acquired property:

The spouse is not liable for his or her spouse’s debts, unless there is a clear agreement to participate in the repayment or if it is a case of first necessity.

 

– Regime of joint property:

Depending on the type of debt, each spouse will have to assume the liability for half or all of the joint property. If the debts have been incurred to cover the needs of daily living, then the spouses are responsible for the liabilities of their own property and the common property.

 

– Regime of separated property:

You cannot be held responsible for your spouse’s debts.

 

In the event of the death of the indebted spouse:

The heirs inherit the debts, unless they refuse the estate.

 

Indebtedness within a marriage can be a complex situation, so don’t hesitate to ask a specialist lawyer.

Lawrence answers all your questions!

 

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