Responsibility of spouses for obligations: family law

During the wedding, everyone is influenced by some euphoria. Therefore, no one thinks about the seriousness of this step. No one can ever think of sharing 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 we will not exaggerate everything, just the one who possesses information is always stronger than the one who is unsubstantiated. But there is no escape from the law, and everyone needs to know what the responsibility of the spouses should be.

If you divide the liability of spouses for obligations briefly, it will look like this:

• internal and external obligations;

• personal and general debts;

• collection of general and personal property

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

The composition of the property of the spouses. Common property

• The common property under the law recognizes gems, as well as other luxury goods purchased during the marriage period with general funds, although they are things for individual use.

• The 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 marriage and for general income, notarized in the name of one of the spouses, is also considered common.

• The law states that common property is both cash prizes and cash and clothing prizes, if the lottery ticket was purchased in the process of marriage, regardless of who bought it.

• Income of a married couple from doing business.

• From labor activity.

• From intellectual activity.

• Acquired for jointly earned money: living space, land and vehicles.

• Any other property acquired during married life.

The composition of the property of the spouses. Personal property

This is all the property that was acquired before the marriage. Also, if during a joint residence 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 general and personal property is not exhaustive, however, it is already possible to generally imagine the approximate composition of the property of the spouses.

Types of Obligations

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

Debt obligations

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

• until the date of legal marriage;

• after the marriage, but to meet the purely personal needs of any of the spouses;

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

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

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

Common obligations are those that arose by mutual decision of both spouses to meet the needs of the whole family. This includes:

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

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

So, in case of problems, the responsibility of the spouses for obligations, personal and general debts, to determine the debtor, it is initially necessary to find out when the debt arose (before marriage or after), the purpose of the funds received (to meet the general needs of the family, or personally for one of the married objects).

Penalties for spouses' property

Responsibility of spouses for obligations, foreclosure on spouses' property for personal obligations, applies only to the arrest of this spouse (debtor). It is possible that by decision of the court all property may be arrested. But if subsequently it will be proved that this property belongs to another spouse, then at the request of that spouse, the judge can completely or partially release the property from arrest. If the defendant (debtor) does not have enough of his property to pay off the debt, then everything is transferred to the responsibility of the spouses for the obligations. In this case, the court may force the spouses to divide property (voluntarily or in court). If during the marriage the spouses made 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.

It is also necessary to pay attention to the fact that during the trial of personal obligations, foreclosure can be made on common property, if it is proved that this property was acquired or increased for money received by one of the spouses illegally. The fact of a crime must be proved in court.

Compensation for general obligations of the spouses applies to common property, if personal property is not enough to pay off the debt. The creditor has the right to judicially demand the recovery of personal property of both spouses.

Responsibility of spouses for obligations. Family law

If we move a little from the topic of penalties to the topic of children, then sometimes we may be where we came from. Dear parents, keep in mind that if your child always says that it’s good when asked about how you are doing, it doesn’t mean anything. Do not be too lazy to ask friends, teachers, neighbors with whom your child is friends, just communicates if they have accidentally seen him with people an order of magnitude older than he is. Children sometimes commit not very reasonable acts not of their own free 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, well, or just to seem older. So do not be afraid to once again ask the child where he is and double-check. Let it look like betrayal or mistrust on the part of the parents towards the child, but this way you can prevent or avoid unpleasant situations in which your offspring may fall.

Spouses Responsibility

Keep in mind that fathers and mothers, under the law, both parents are equally responsible for the actions of the child. This is also a partial liability of the spouses for obligations. Its main section is Family Law. The penalty is applied to the common property without exception if the culprit of the obligation is their minor children (whose age does not exceed fourteen years). Teenagers, whose age is from fourteen to eighteen years, for causing harm to other persons must be liable on their own. Parents in this case are materially 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 levied.

Responsibility of spouses for obligations

At the conclusion of a marriage contract, everything is negotiated and described on points in a notarial order. Spouses are required to notify all creditors of changes in marriage contracts. If the spouses do not want to notify of all the changes in general, then their responsibility involves the commission of a report to creditors for consideration. If the creditor has not been notified of a change in the marriage contract, then such a contract is invalid for the creditor, and the previous contract will be legal in court proceedings, or the terms of such a contract will not be taken into account at all.

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

To summarize, you do not need big words. Just be careful when you sign any documents, read them if you don’t understand something - consult with a lawyer, do not make hasty conclusions under the influence of someone’s promises, beautiful stories, and so on. Especially do not do rash acts. After all, ignorance of the law does not relieve you or your children of responsibility . Be carefull.