In secret before the spouse, you can do various things.
The matter becomes even more complicated when it turns out that the spouse does not pay his obligations on time.
A loan or loan taken by one spouse without the knowledge of another is nothing short of nothing. Today, in the case of most loans , credits, debit on your account or credit card, there is no need to present consent of the other spouse – just one signature is enough. Often, however, there is a quota limitation – sometimes a few, sometimes a few tens of thousands of zlotys.
When a spouse easily repays loans and other obligations he has made, the other half may never know about it. However, when there are delays in repayment, letters from debt collection companies start to come to the house, telephones appear, even personal visits by debt collectors. Often the case also seems when we want to incur another loan or credit together with the spouse, but the bank refuses to pay us because of the negative history in the spouse’s BIK.
When we have a property community, which is the standard in Poland, what should we do if the spouse borrowed money without our permission and made debts?
If the spouse lent money to their needs without informing the other half, then it is up to him to pay the debt. When we did not know anything about it and we did not give any consent, we are not financially liable for the debts of the other spouse.
Of course, there is also the question of falsifying the signature on the contract, the credentials of untruth – here you will need to clarify the case in court.
In case we knew that our partner took out a loan that he can not pay back now, we will be partially responsible for the debt. A bank or other loan company must then prove that the long-term spouse knew about the loan. Then the bailiff will be able to take care of the so-called common property, but not our personal one. For example, you can not make an execution of property that we had before the creation of a property community, that is, before marriage.
It is worth mentioning, however, another issue – the law indicates that spouses are jointly responsible for those debts that have been incurred due to the so-called ordinary needs of the family. These include food, clothing, housing, health care, fees for raising children, spiritual and cultural development. Therefore, the court may decide that the spouses are jointly responsible for the debts, but there is an exception. Important reasons that can exclude joint responsibility for debt include recklessness, extravagance, and inefficiency.
Therefore, the liability for the debts of the other spouse depends primarily on what the money was spent on, and whether we knew about the existence of debt.