Unfortunately, many couples very often face various financial problems. After all, the wages of both spouses may not be enough to satisfy all the needs of the family. In such situations, husband and wife are forced to take the help of credit organizations and borrow money. But what to do if the spouse spent the finances not on the needs of the family, but on his personal needs? Will the wife be responsible for her husband’s debts in such a situation? You will learn the answers to these questions as you read this article.
General
In the life of any couple, quarrels occur and financial problems arise. Most often this happens after children appear in the family who require large material costs. It also happens that a spouse borrowed money from a credit institution, but cannot give it back due to financial difficulties. Will the wife be responsible for her husband’s debts in such a situation? If the bank appeals to the judicial authority and it is proved at the meeting that the borrowed money went to the needs of the family, then in this case the woman will have to pay for the loan her husband took. But this is only in that situation if the citizens are in a registered marriage. Otherwise, the man will be responsible for his debts on his own.
Before marriage
Sometimes it happens that a man applies to a bank for a loan before entering into a legal union with a woman. For example, the latter bought a car, changed the atmosphere in the apartment, thereby improved his home and life, and then got married and lost his job. So, many representatives of the fair sex often in this situation the question arises as to whether the wife will be held responsible for her husband's debts. Of course not. Firstly, the loan was taken by a man before the moment when he became a family man. Secondly, he spent the amount on personal needs. His wife has nothing to do with this.
Additionally
Many credit organizations cite the fact that if an irresponsible borrower is married, then his spouse must pay off his debt. So, this is completely wrong. A wife will be liable for her husband’s debts only when it is proved that the funds went to meet the needs of the family, and not to the personal needs of the man. The fair sex must be aware of this.
By law
Many women are currently interested in the question of whether the wife will be held accountable for her husband's debts. After all, it often happens that dishonest men spend money from credit cards on their needs (slot machines, bars, restaurants), and their spouses learn about the obligations that have arisen only after they start calling from banks and demanding a return of the debt. But what does this look like in terms of law?
The norm of Article 45 of the Family Code clearly spells out that for the obligations of one of the spouses, recovery can only be applied to the property of the latter. This means that a man must be responsible for his own debts. Nevertheless, if in the process it is proved that the funds borrowed by the latter were spent on the needs of the family, then the spouses will be equally responsible for repaying the debt.
This was also said in the Resolution of the Plenum of the Supreme Court of the Russian Federation. Indeed, in practice, very often there are problems with the recovery of funds for the obligations of a married couple. So, the Armed Forces indicated that each of the spouses should be responsible for their own debts independently.The exception is only those cases when the money was spent on the needs of the family, joint children.
Mortgage credit lending
Currently, not all people can afford to buy their own housing. For most citizens of our country, this is generally a luxury. Therefore, many couples who already have children and permanent work, apply to the bank for mortgages for several decades. In this case, the husband acts as a borrower, and the wife as a co-borrower. Thus, a married couple is equally responsible for the non-payment of this loan.
If one of the spouses stops paying the mortgage, then the responsibility for its repayment automatically rests with the second spouse. In this case, the wife is responsible for the debts of the husband. Because they bought a house, being married, under a mortgage agreement.
In addition, to fulfill the obligation in full, the bank will be able to foreclose on all the premises. This is a very important point, all citizens need to know about it.
If a man has previously been married
Unfortunately, it often happens that marriages break up. The man marries again, he has another family. Accordingly, if the latter had children in his first marriage, then he is obliged to support them. After all, it is his duty under the law. In this case, many representatives of the fair sex, who became second spouses, often ask themselves whether the wife is responsible for her husband's debts in child support. After all, funds for the maintenance of the child from the first marriage will have to be paid from the general family budget. Here it is immediately necessary to say that a man who has become a father is obliged to support his children from his first marriage. His new wife has nothing to do with this. Accordingly, it will not be liable for non-payment of alimony. In addition, the funds for the maintenance of the baby are calculated from the earnings of the man, if he, of course, has it. Otherwise, an irresponsible father can expect a prison term.
Frequently asked Questions
Earlier it was said that each of the spouses is responsible for their own debt obligations. This rule is enshrined in law. The wife is only liable for her husband’s loans when the last funds taken were spent on family needs. But this fact requires evidence. This is especially necessary in cases where the spouses are officially married, but do not live in the same territory.
It is also necessary to say that now many women turn to law firms for qualified assistance. Moreover, the latter are most often interested in if the husband takes a loan, is the wife responsible for his unpaid debts? Can a court decision to deduct a portion of the amount unpaid by her spouse from a spouse?
So, as already mentioned earlier, this is possible only after it is proved that the funds taken from the bank were spent jointly by the spouses for the needs of their family. Either the wife became the guarantor of the loan, then she and her husband broke up, and the husband stopped making mandatory contributions. Only in such a situation, the fair sex will be required to pay the bank money instead of the official debtor.
A little bit about everything
Sometimes wives themselves begin to pay money for the debts of their men. Many in this case believe that the spouse needs help, especially if he used to be the breadwinner of the family, and now he is left without work and with obligations to a credit institution. Well, if this is true. But it often happens that a man deliberately leaves his job, knowing that his wife will not leave him in trouble anyway and will help with paying off debts.
In addition, in practice it also happens that the spouses do not live on the same territory for a long time and do not conduct joint farming, but at the same time they are in a registered marriage. Moreover, each of them lives his own life and already has a different family and even children. Is the wife responsible for her husband’s loans in such a situation? Of course not. Moreover, their marriage is only a formality, but in fact they live in different houses. In this case, witnesses can be invited to the hearing to confirm this. In addition, in the event of such troubles, a woman should immediately file for divorce. This will protect her from unnecessary problems with the law in the situation when she and her husband have not lived together for a long time and do not conduct a joint household.