My husband took a big loan without my knowledge. A loan for $ 10,000. for a long period. We have a property resolution only since July, and my husband took out a loan in June. Banks don’t want to give me any information. I didn’t see the money in my eyes.
This money is intended for his pleasure. If I fail, do I have to pay back the loan for my husband? Please reply.
My husband took a big loan without my knowledge
So you want to know how to protect yourself against a creditor demanding a loan that your husband took out without your permission . The creditor’s right to demand satisfaction of claims from the joint property of the spouses or personal property of the debtor, which clearly states that:
- If the spouse has entered into a commitment with the consent of the other spouse, the creditor may also demand satisfaction from the joint property of the spouses.
- If the spouse has entered into an obligation without the consent of the other spouse or the obligation of one of the spouses does not arise from legal action, the creditor may request satisfaction from the debtor’s personal assets, remuneration for work or income obtained by the debtor from other gainful activities, as well as from benefits obtained from his rights
As you can see, the debt incurred by one of the spouses, without the knowledge of the other spouse, means that only the spouse who incurred the debt is liable for this debt, so in your case, only the husband is responsible for repayment of this debt and the creditor may demand repayment of this credit only from him.
The scope of liability for debt, which is clearly formulated in art. 41 cryo is limited to liability only for one spouse. This provision, however, does not apply to cases of joint incurrence of obligations by both spouses, and thus we are talking about obligations that arose as part of meeting ordinary daily family needs and tax obligations.
So, if a spouse without the knowledge of the other spouse took out a loan that was used for food, bills or other daily needs of the family, in this case both spouses are responsible for this obligation, even if the loan was taken without the knowledge of the other spouse.
Although you have only been separated from property since July, and your husband took out a loan without your consent and knowledge a month earlier, it does not matter, because the commitment contracted in this way limits the liability of the spouse who did not know about the commitment, practically to zero.
Let me just mention that signing property separation is a fairly wise move, but so few marriages decide to do so. Later, debts that one of the spouses took on their clothes come to light without the knowledge and consent of the other spouse.
You have nothing to worry about, only your husband and your creditor, debt collection company or bailiff will not be able to hold you liable if your husband fails to pay the loan.