Is divorce an escape from a spouse’s debts?

Nowadays, more and more marriages end in divorce. For some, divorce is also an idea of ​​escaping spouse’s debts. Is it possible? Does divorce protect us from debts incurred by my spouse? Does it matter that we knew or not about debts?

When we face the problem of debt, we look for solutions … Or maybe you should think about properly securing us and our property before debts arise?


In order not to build unnecessary tension

debt problem

I answer that divorce will not always save us from the debts of the spouse. A court deciding on a divorce decides that the statutory community ceases, but only from the date of the Divorce Decree. If the debts were incurred during the marriage, unfortunately we respond with our joint property, because until the divorce everything acquired after the marriage was shared.

A slightly different situation is when the spouses have entered into a property marriage contract, colloquially known as intercity. If the contract was concluded before marriage, there is no joint property, so our property is safe.

A contract for the establishment of property separation can also be concluded after marriage – during the marriage, however, then we are not responsible from our property only for debts incurred during the period when the property was married.

However, we should remember that we are not responsible for a spouse’s debts when the bank, person or institution granting the loan or credit knew that the parties had financial separation. Therefore, if a spouse conducts business activity, information should be displayed in the Central Register and Information on Economic Activity about the fact that a given person has property separation. It is also in our interest to inform the creditor or potential creditor of the existing contract.


Conclude a property separation agreement before a notary public

Conclude a property separation agreement before a notary public

Then the spouses unanimously appear at the chosen notary and declare that they would like to have property separation between them from that day. The problem arises when the spouse does not want to sign the contract. But here we also have a solution – we can apply to the court to establish property separation between the parties. In such a situation, the court decides in this case and property separation between the parties will be determined.

If the spouses have had a problem with communication for some time, there were misunderstandings, or for other reasons, it may turn out that there was nothing known about the financial situation of the spouse, and suddenly it turns out that there is a huge debt, then we can also apply to the court for a ruling retroactive separation of assets because we lost control of our spouse’s finances and had no influence over them. This process is not easy, however, in some situations it can protect against loss of property.


Situations are different and spouses may be different in terms of property

Situations are different and spouses may be different in terms of property

It is worth concluding marriage contracts before entering into marriage. However, also in a situation where debts have arisen and the property is shared, there are chances to protect the property against loss, but it is worth using professional assistance before even taking the first steps.

The court or bailiff is bound by law, they are not prompted what we can win in a given case, while an incorrect letter already submitted may cause irreversible legal consequences for us, our family and our property.

This article is not legal advice and has been provided for informational purposes only. In individual cases legal advice should be sought. The portal is not responsible for the use of posted content. This article is current as of the date of publication of this article.

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