When one of the spouses takes loans as evidence without the knowledge of the other

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Until 2005, a spouse who took out a loan or a loan behind his wife’s or husband’s back and did not pay the debt, also exposed the other person to debt. Today, fortunately, the law is on the side of those who were unknowingly embroiled in the financial problems of their spouse, and the borrowed money is currently only the debtors whose signature appears on the contract. There are other additional restrictions that make it not easy to borrow higher amounts of cash without your spouse’s consent. Are you afraid that your husband or wife is secretly taking out loans and you have joint property? Learn the legal bases that protect you from the debts of your loved one.

Is it easy to get a loan without your spouse’s consent?

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Apart from the issues of trust and honesty in marriage, you can easily borrow money, be it from a bank or from another lender. Everything depends individually on the borrower’s situation – his financial standing, income and repayment history of existing liabilities.

With small amounts of non-bank loans, from several hundred to several thousand zlotys – whether in installments or payday loans, companies do not require the consent and thus the signature of the spouse on the loan agreement. It is similar in banks, but only with cash loans up to USD 15 or 20 thousand. For other loans, such as a mortgage for an apartment or cash for a car, banks require the signing of the contract by both spouses.

Commonwealth community and spouse’s debts

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It has been over 10 years since the person in the joint property of marriage is not responsible for the debtor’s obligations. More specifically, on January 20, 2005, the amendment to the Family and Guardianship Code (Journal of Laws No. 162, item 1691) entered into force, which clearly defines who and when is responsible for the debts.

To sum up the above, if the wife or husband took out a loan or credit facility in the bank up to the amount of USD 20,000, without the knowledge and consent of the other party, only he or she is responsible for the resulting debt with their part of the property. It can be, for example, remuneration for work or a material thing that is only owned by only one of the spouses, e.g. a car bought before marriage. Unfortunately, it can also be a house or a flat that the spouse received as a donation from his parents or grandparents before the wedding, in which the whole family now lives. Of course, the law is the law, and the situation gets a little more complicated when there is actually a bailiff’s execution and you need to prove what is owned and not repayable.

Exception – a loan for family purposes

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Pursuant to the legal article from the Family and Guardianship Code mentioned above, there is an exception when only one of the signatures – wife or husband – is on the credit agreement and the liability must be paid jointly and severally by both. It’s so-called family loan, i.e. cash that has been taken out to meet the needs of the family, such as bill charges, school layouts, trips, etc.

In the event of enforcement by court, the creditor may request repayment of the debt of the joint property, including the spouse who did not take out a loan or a loan. In such cases, it is much easier to enforce banks with cash loans, at which the borrower sets the purpose for which he needs to borrow money.