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Are you always liable for the credit in marriage? What is the purpose of the spouse’s guarantee or to appoint him as a co-applicant? These and other questions are covered in the article. Those who have not yet dealt with the situation in detail, will learn something amazing.
The credit in marriage, when are both partners liable?
For the credit in the marriage are limited both spouses equally responsible. Although marriage is a partnership that carries obligations, it is not a “clan clause”. Even with community of property – the legal property regime – both partners are not automatically liable for each other. Automatically becoming a mutual fuller by marrying is a common misconception. In principle, each spouse is liable only for the loan sums for which he has signed.
A joint liability is automatically given only for purchases of daily life. Both spouses are automatically liable for the credit in marriage for purchases, such as the washing machine. Even those who use a “fuel card” in common, the joint liability is shared. Other liability reasons would be the rent of the shared apartment, water, electricity and food. In addition, only for the children together and automatically liable.
The spouse as guarantor or co-applicant
Of course, the credit companies know the legal situation. It is for them to collect much more problematic claims, if not both spouses have mutually secured the contract. If the borrower fails as a payer, the bank does not automatically have access to the partner’s earned income. Only the borrower itself can be held liable for the claim under the loan agreement. In addition, the role of the bailiff is much more difficult, if not both partners are liable.
Collecting an open claim by the bailiff can be nearly impossible. Only objects that are unquestionably the sole property of the debtor may be seized. It takes no great effort to send the bailiff home without having arrived home. Only when it appears does it have to hand over a list showing the debtor’s objects. The bailiff may then only seize items from this list. Everything else belongs to the spouse and remains untouched.
Who pays for the divorce for the shared car?
A particularly common credit in marriage is the car loan. Both spouses have signed out of borrower. Of course, it is virtually impossible to continue using the vehicle on an equal footing after the divorce. Usually one of the spouses takes over. However, both partners are still liable to the lending bank. Only in the internal relationship could in case of a payment default the bounced partner demand damages. In the external effect, the credit remains in the marriage.