Most of the respondents – up to 84 percent – entering into a closer relationship with another person, he is not interested in his obligations.
Are we interested in debts before marriage?
This can be regarded as an optimistic victory of pure feelings, devoid of materialistic accretions, if not for another conclusion from the study. Debts and loans of a wife or husband after divorce have to be repaid, which 18% have found out. respondents. This number may not be impressive, but if someone is about to pay off their spouse’s debts, they consider this fact “definitely onerous”.
It would seem that with age and acquired life experience, financial awareness also matures in us. This is contradicted by the results saying that after the age of 60 partners’ debts are of interest only to 9 percent. people. Another surprise may be less inquisitiveness in formalized relationships than among partners living in cohabitation. Debts of spouses arouse curiosity in 12.1 percent married women and married men.
In bachelors and brides in informal relationships, the percentage of inquisitive people is more than twice as high and amounts to 28.8 percent. This is interesting because most of the debts that remain to be settled after parting originates in marriages (58.8%). Unpaid liabilities from informal unions account for only 36.3 percent. all debts.
What debts should your spouse pay back most often?
Cash loans and online loans were the most frequently inherited debts from partners. After parting, they face 32.5 percent. tested people. Quite frequently encountered debts were also larger and more onerous obligations – mortgage loans. Such debts can go on for ex-husband or partner for years.
The average value of the mortgage in 2019 exceeded 200 thousand and this type of liability is settled by the former partner 15.8 percent. respondents. The infamous podium is completed by loans from family and friends, it pays them back by 10.8 percent. respondents.
Why does the wife pay her husband’s debts?
Is the wife responsible for her husband’s debts? It depends on several factors. Under Polish law, at the time of marriage, two parties to this agreement enter into a state of statutory joint property. This means that from now on all things acquired after marriage are considered common.
Moreover, the spouses also share responsibility for all obligations incurred. However, if the creditor wants to assert his rights arising from a loan from her bachelor days, then the debtor pays him off with personal property. It is worth remembering that the community of assets concerns not only the liability for loans. The debts of a husband or wife resulting from a private loan can also be claimed from the joint property.
It is true that if the loan was contracted under an oral contract, the creditor has very limited room for maneuver. It happens, however, that a private loan for a larger sum is confirmed in writing. Then the creditor may assert his rights in court.
Unfortunately, her husband’s debts after divorce may still be the bane of his ex-partner. Although divorce re-introduces property separation between former spouses, in the case of obligations incurred jointly during the relationship, both parties are debtors.
The court may indicate a person who should repay the loan, but if he does not pay the obligation, the ex-wife will pay her husband’s debts. The opposite situation, i.e. the repayment of the debts of the ex-wife by the husband is definitely a rarer phenomenon. As shown by the results of the Millward study 68% of people inheriting liabilities from former partners are women.
How to avoid liability for your spouse’s debts?
The easiest way to avoid a situation where a wife is responsible for her husband’s debts and vice versa is to introduce property separation. A marriage contract regarding financial matters comes in two forms. The first is the so-called intercept, which is a prenuptial agreement and enters into force at the time of marriage. The two sides need an agreement to write the intercompany.
It is also possible to introduce separations during the marriage, but then we do not have to deal with daffodils. In exceptional cases, the court may agree to separate assets at the request of one of the parties. Sometimes the consent of the other spouse is not necessary.
The introduction of property separation means that all items acquired after marriage remain your private property, and we are individually responsible for any liabilities. Creditors then cannot claim the property of the other partner. It doesn’t matter for what purpose we took out the loan. Even if it was used to meet the daily needs of the household, the payment of the obligation falls on only one of the partners.
It is much simpler for couples living on a cat’s paw. There is no statutory marriage regime in informal relationships. You can only be held responsible for your partner’s debts if the commitment was made jointly.
You don’t have to be married to get a joint loan. If we decided to take out a loan together with a partner, we must take into account that in the event of problems with repayment, the creditor will also contact us.