Joint marriage property is the most common practice of Polish couples. Most marriages decide to run a Sunday budget, but leave separate, separate bank accounts. This solution is conducive to one or the other spouse being able to take out a loan at a non-bank loan institution without any problems. Loan companies usually reject accounts that are shared with the spouse, and consent is not required – so there is a good chance that your husband or wife can take out an online loan without your partner’s knowledge. What to do if our partner has borrowed a large sum and does not repay his obligations?
Commonwealth and borrowing
Separate, or personal, assets consist exclusively of what belonged to the spouses before marriage. However, the property community of spouses arises automatically at the time of marriage, it is a statutory community and does not need to be established. The joint property includes all income earned by each of the spouses, funds accumulated on the account, and even an employee pension fund. As a result, the community of property also includes money from a loan, although it is taken individually. If such a loan is not repaid, both spouses can be held financially responsible, regardless of which party is a party to the loan agreement. Therefore, if even the offer of free payday pay is very attractive, it is worth thinking about the possible consequences of non-repayment – in this case we are responsible not only for ourselves, but in practice also for the whole family. An unpaid loan will also negatively affect your spouse’s creditworthiness and scoring in BIK.
Personal loan with the consent of your spouse
Financial liability falls on the husband or wife at the time when the spouse agreed to take out the loan, although he is not mentioned in the documents. Legislation assumes that this is implied consent. What does it mean? The law recognizes that since the spouses have a household budget together, they also make all decisions related to it. Therefore, it is assumed that the spouse is aware of each financial step of his partner, therefore joint responsibility is recognized.
In practice, it varies and sometimes you have no idea that the other person took out the loan. It is then possible to demonstrate this state of affairs in court and avoid liability. The spouse may try to prove in court that the loan was not known and was entirely used for the borrower’s private needs – lonely trip, private gadgets (e.g. telephone), gambling, stimulants and other items that the other party did not know to buy. Unfortunately, he usually finds out about such a loan when it has not been repaid and the case has been referred for recovery. Then, when the execution machine has started, it may be too late, and the bailiff may also take over the personal income of the unconscious spouse. The appeal is very long.
However, one cannot ignorantly justify the fact that the loan was not repaid if it was issued for the needs of the family and household. In the event that the money from the loan is used for rent, current bills, household appliances and food, you cannot escape liability for paying such a liability. This is also the case if the spouse did not really know anything about the loan and the partner said that the expenses were covered by e.g. a bonus at work, a family loan or a donation. In such a situation, it is believed that since the benefit has been obtained, it is also responsible for repayment of the loan.
In what situations is the spouse protected?
Taking an attractive promotional payday payday by our spouse does not have to end with the consequences of not paying it. In addition to the aforementioned case, this is the case in two other situations: premarital intercourse and the establishment of property separation during the marriage. In each of them, the spouse manages his property himself and is responsible for him, provided that the separation of property has been established before the loan.
Liability in marriage extends to two people
There are situations where the consequences for the actions of one person must be borne by more people. Not only debt will eventually lead to a spiral of debt, but will also affect the living conditions of the whole family. Reasonable management of the household budget with a clearly and jointly agreed plan should be the financial basis for the marriage. After all, a reckless decision to take payday loans over the internet will not only affect one life. In addition, responsibility for the family should also be based on facing problems – when the loan is not repayable, it is not worth escaping from it, and it is better to look for ways to do it without recovery – you can apply for an extension of the repayment period, refinancing and even spreading payday installments.