Spousal Liability: Family Law

2024 Author: Priscilla Miln | [email protected]. Last modified: 2024-01-15 22:35

During the wedding, everyone is under the influence of some euphoria. Therefore, no one thinks about the seriousness of this step. No one can ever allow the thought of dividing property or having problems with credit or other obligations. For some reason, it seems to everyone that the family is something indestructible, untouchable and eternal. But let's not exaggerate everything, just the one who has the information is always stronger than the one who is unfounded. But there is no escape from the law, and everyone needs to know what the responsibility of the spouses for obligations should be.

If we divide the responsibility of the spouses for obligations briefly, it will look like this:

• commitments internal and external;

• personal and general debts;

• foreclosures on common and personal property

The table will be able to disclose the full responsibility of the spouses for obligations in more detail.

Commitments	domestic	alimony arrears
		duties to children from previous marriages or other relatives
	external	to third parties under civil law and labor relations agreements
Debts	personal	Until the legal marriage date.
		After marriage, but to meet the purely personal needs of either spouse.
		Debt of the testator, that is, the debt was inherited by one of the spouses.
		Due to causing harm to third parties by one of the spouses.
		Alimony obligations for children from a previous marriage, for other persons.
	general	Loan agreement, loan agreements, purchase and sale agreement for housing, land, lease agreement.
		Debt jointly caused by spouses to third parties (Article 1080 of the Civil Code)
Pen alties	To common property	Foreclosure is applied to common property without exception if the culprit of the obligation is their minor children (whose age does not exceed fourteen years.)
		Compensation for damages on the common obligations of the spouses is applied to the common property, if the common property is not enough to pay off the debt,the creditor has the right to demand recovery from the personal property of both spouses in court.
	On personal property	Foreclosure on the property of spouses for personal obligations applies only to the arrest of this spouse (debtor). It is possible that all property may be arrested by a court decision.

Composition of property of spouses. Shared property

• Precious stones and other luxury items purchased during the marriage period with common funds are recognized as common property, although they are things for individual use.

• Definitions of common property are not affected by how the property was acquired: for cash or credit, with the participation of both spouses or only one.

• Formal consolidation of property rights also does not matter, since property purchased during the period of married life and for common income, notarized in the name of one of the spouses, is also considered common.

• The law states that the common property is both monetary winnings and monetary winnings if the lottery ticket was purchased in the course of married life, regardless of who bought it.

• A married couple's business income.

• From work.

• From intellectual activity.

• Acquired with co-earned money: living space, land and vehicles.

• Any other acquired duringmarital life property.

Composition of property of spouses. Personal property

This is all the property that was acquired before the marriage. Also, if during cohabitation one of the spouses sells a thing from personal property and buys another thing, movable or immovable property for these funds, then the acquired thing also remains personal property.

The above list of common and personal property is not exhaustive, but it is already possible to get a general idea of the approximate composition of the property of the spouses.

Types of obligations

Obligations can be: internal (alimony debt and obligations to children from previous marriages or other relatives) and external (to third parties under civil law and labor relations, that is, debts).

Debt Liabilities

There are such obligations: general and personal. Personal obligations are those that have arisen:

• until the date of legal marriage;

• after marriage, but to meet the purely personal needs of either spouse;

• the debt of the testator, that is, the debt was inherited by one of the spouses;

• due to causing harm to third parties by one of the spouses;

• child support obligations for children from a previous marriage, for other persons;

Common obligations are those that have arisen by mutual decision of both spouses formeet the needs of the whole family. This includes:

• loan agreement, loan agreements, contract for the sale of housing, land, lease agreement;

• debt jointly caused by spouses to third parties (Article 1080 of the Civil Code).

family, or personally for one of the married objects).

Foreclosure on property of spouses

Responsibility of spouses for obligations, foreclosure of property of spouses for personal obligations, refers only to the arrest of this spouse (debtor). It is possible that by a court decision, all property can be arrested. But if later it is proved that this property belongs to another spouse, then at the request of this spouse, the judge may fully or partially release the property from attachment. If the defendant (debtor) does not have enough of his own property to pay off the debt, then everything is transferred to the responsibility of the spouses for obligations. In this case, the court can force the spouses to divide the property (voluntarily or in court). If during the marriage the spouses drew up a marriage contract, then the property is divided according to it, and the arrest is applied to part of the property of one of the spouses.

Also need to payattention to the fact that in the process of litigation for personal obligations, foreclosure can be made on common property if it is proved that this property was acquired or increased with money received by one of the spouses illegally. The fact that a crime has been committed must be proven in court.

Indemnification for joint obligations of spouses is applied to common property if personal property is not sufficient to pay off the debt. The creditor has the right to demand recovery from the personal property of both spouses in court.

Responsibility of spouses for obligations. Family Law

If we move a little away from the topic of pen alties to the topic of children, then sometimes we can end up back where we came from. Dear parents, keep in mind that if your child, when asked about how things are, always says that it’s good, it doesn’t mean anything. Do not be too lazy to ask friends, teachers, neighbors, with whom your child is friends, just talking, if he was accidentally seen with people an order of magnitude older than himself. Children sometimes do not very reasonable acts against their will, and even more so in adolescence. It all comes from the desire to “show off” in front of older friends, in front of girls or boys, or just to appear older. So do not be afraid to once again ask the child where he is and double-check. Let it look like betrayal or distrust withthe side of the parents to the child, but this way you can prevent or avoid unpleasant situations that your offspring can get into.

Responsibility of spouses

Keep in mind, fathers and mothers, under the law, both parents are equally responsible for the actions of the child. It is also the partial responsibility of the spouses for obligations. Its main section is Family Law. Foreclosure is levied on common property without exception, if the culprit of the obligation is their minor children (whose age does not exceed fourteen years). Adolescents, whose age is from fourteen to eighteen years old, for causing harm to other persons must bear property liability on their own. Parents in this case are financially involved only when the defendant (a minor from 14 to 18 years old) does not have enough funds to pay off the debt, or the defendant does not have property that can be foreclosed.

Responsibility of spouses for obligations

When concluding a marriage contract, everything is negotiated and described point by point in a notarial order. Spouses are required to notify all creditors of changes in marriage contracts. If the spouses do not wish to notify of all changes in general, then it is their responsibility to commit to filing a report with creditors for consideration. If the creditor has not been notified of the change in the marriage contract, then such an agreement is invalid for the creditor, and during the trial, it will be leg althe previous contract, or the terms of such a contract, will not be taken into account at all.

For example, if the prenuptial agreement was changed, in terms of which it is said about the distribution of debts. In the previous agreement, they were common, and under the new agreement they became personal of one of the spouses. In this case, the creditor has every right to foreclose on the common property. In this case, the responsibility of the spouses is full, since this change is not valid for the creditor. But after repayment of debts at the expense of property acquired in marriage, one of the spouses, who under the new marriage contract is the only defendant, is obliged to reimburse to the other that part of the debt that the creditor reimbursed at his expense.

No big words needed to sum up. Just be careful when signing any documents, read them, if you don’t understand something, consult a lawyer, don’t jump to conclusions under the influence of someone’s promises, beautiful stories, and so on. Moreover, do not do rash acts. After all, ignorance of the law does not exempt you or your children from responsibility. Be vigilant.