Hello, I am writing to you with the following question: I have been married for over 10 years, we also have a 10-year-old daughter. Four months ago my husband moved out of home and I have no idea where he is, he comes sometimes every weekend mainly to the child.
We don’t have our own flat, because we live in his parents’ house, I have no idea if my husband has any debts or loans, from what I found out, he has a credit card, but I don’t know if he uses it and how it uses has on the so-called minus.
I do not want to pay off his debts, if this happens, can I protect myself against my husband’s debts?
How to protect yourself from your husband’s debts?
I think that you are on the right path to obtain peace of mind, taking responsibility for your husband’s debts is obviously not fair and taking appropriate steps to protect yourself from these debts is all right, all the more so because at the moment you have no contact with your husband and you don’t know what he is doing.
So how do you protect yourself against the debts your husband made? when to react and what can anxious wife do about it? you will learn about it by continuing reading, I invite you!
Polish law, unfortunately, provides for a situation in which the insolvency of one of the spouses ends in the liability of the other spouse. At the outset, I would like to point out that liability for a spouse’s debts depends on many different factors and situations. The key aspects in such situations are:
- commitment date,
- source of liability (loan, mortgage or bills),
- and marriage property regime.
First, I will quickly explain what property community is. Upon entering into marriage, a statutory joint property relationship arises between the spouses, which includes all property acquired during its duration and may be objects or other goods acquired jointly or acquired by one of the spouses.
As for the items and other goods that each of the spouses had before entering into marriage, these items remain part of the personal property of each of the spouses.
How to protect yourself against your spouse’s debts?
The best way to protect yourself against your spouse’s debts is, of course, to sign property separation, ie intercyza. Property separation is signed before a notary public and it is a notarial agreement.
By signing the interpreta, both spouses endure the property common to them. Intercitis can be made during the marriage or before it arises.
How much does property separation cost?
Signing the intercyza is payable and usually costs several hundred dollars, I will only add that the maximum notary fee is max $ 500 net. The amount of the notary fee is regulated by the Ordinance of the Minister of Justice of June 28, 2004 on the maximum rates for notary fees.
If there is any property to be divided, the spouses must take into account additional costs, because the fee will be the greater, the greater and the most valuable the joint property of the spouses.
In intercourse, both spouses must clearly specify which assets they already own will enter into the personal property of each of them, and also specify whose future assets will be acquired jointly.
An intercourse agreement (limitation of liability for debts in a marriage) will be valid and effective for creditors (loan company, bank, etc.) if you meet two conditions:
- The liability arose after the day on which the intercourse was signed and the property community was abolished.
- The creditor has received information about the occurrence of property separation.
But what if my husband or wife has me somewhere and refuses to sign the intercopy?
The alternative in this case is forced property separation. Then, if one of the spouses is concerned about the actions of the other spouse and has no contact with him, the court decides on the separation of property.
Does separation protect my husband or wife against debts?
The community of property also abolishes the incapacitation of one of the spouses or a court decision on the separation of spouses. Separation immediately causes the cessation of joint property and costs less than intercyza, because only $ 100.
Then both of the spouses have their personal property back and I can take out loans and credits without the consent of my spouse.