Responsibility of spouses for obligations: family law

During the wedding, everyone is under the influence of some euphoria. Therefore, no one thinks about the seriousness of this step. No one can ever assume the idea of sharing property or problems about credit or other obligations. For some reason it seems to everyone that the family is something indestructible, untouchable and eternal. But let's not exaggerate everything, just someone who has information is always stronger than one who is speechless. But there is no escape from the law, and everyone needs to know what should be the responsibility of the couple for their obligations.

If we divide the responsibilities of the spouses in short, then it will look like this:

• internal and external obligations;

• personal and general debts;

• collection of personal and personal property

The table will be able to disclose the entire responsibility of the spouses for the obligations in more detail.

Commitments	Internal	Alimony
		Obligations to children from previous marriages or other relatives
	External	Before third parties under contracts of civil-law and labor relations
Debts	Personal	Until the date of the conclusion of a legal marriage.
		After the wedding, but to meet the personal needs of any of the spouses.
		The debt of the testator-that is, the debt was inherited by one of the spouses.
		Because of the harm caused by one of the spouses to third parties.
		Obligations for child support for children from a previous marriage, against other persons.
	are common	Loan agreement, loan agreement, contract of sale and purchase of housing, land, lease.
		Debt, jointly caused by spouses to third parties (Article 1080 of the Civil Code)
Penalties	On common property	The recovery applies to the common property without exceptions if the perpetrator of the obligation is their underage children (whose age does not exceed fourteen years.)
		Compensation for damages under common obligations of spouses is applied to common property, if the common property is not enough to pay off the debt, the creditor has the right to demand recovery from the personal property of both spouses in court.
	On personal property	The foreclosure of the spouses' property on personal obligations only applies to the arrest of that spouse (debtor). It is possible that under the court's decision, all property may be arrested.

Composition of the property of spouses. Common property

• Common property is recognized by law as precious stones, as well as other luxuries purchased during the marriage period by common means, although they are things for individual use.

• The definition of common property is not affected by how the property was acquired: for cash or credit, with the participation of both spouses or just one.

• The formal securing of property rights also does not matter, since the property purchased during the marital life and for the total income notarially recorded in the name of one of the spouses is also considered common.

• The law states that common property is both monetary gains and monetary benefits if a lottery ticket was acquired in the process of marital life, regardless of who it was bought.

• The income of a married couple from entrepreneurship.

• From work.

• From intellectual activity.

• Acquired for jointly earned money: residential area, land and vehicles.

• Any other property acquired during the marriage.

Composition of the property of spouses. Personal property

This is all the property that was acquired before the wedding. Also, if during cohabitation one of the spouses sells a thing from personal property and buys another thing, movable or immovable property for these means, the acquired thing also remains personal property.

The above list of general and personal property is not exhaustive, but it is already possible to present in general the approximate composition of the property of the spouses.

Types of obligations

Obligations can be: internal (alimony debt and obligations to children from previous marriages or other relatives) and external (to third parties under civil-law and labor relations, that is, debts).

Liabilities for debts

Such obligations are: general and personal. Personal obligations are those that have arisen:

• before the date of legal marriage;

• after the marriage, but to meet the personal needs of any of the spouses;

• Debt of the testator, that is, the debt passed by inheritance to one of the spouses;

• due to injury to one of the spouses by a third party;

• Obligations for child support from a previous marriage, against other persons;

Common obligations are those that arose on the mutual decision of both spouses to meet the needs of the whole family. This includes:

• loan agreement, loan agreements, contract of sale of housing, land, lease;

• debt, jointly caused by spouses to third parties (Article 1080 of the Civil Code).

So, in case of problems, the responsibility of spouses for obligations, personal and general debts, to determine the debtor, it is necessary to first determine when the debt originated (before the marriage registration or after), the purpose of the funds received (to meet the general needs of the family, or personally for One of the objects of the married).

Claims for recovery of spouses' property

Responsibility of spouses for obligations, foreclosure of spouses' property on personal obligations, applies only to the arrest of this spouse (debtor). It is possible that under the court's decision, the arrested person may be all property. But if later the property of the given property is proved to another spouse, then at the request of this spouse the judge can fully or partially release the property from the arrest. If the defendant (the debtor) does not have enough of his property to repay the debt, then everything is transferred to the responsibility of the spouses for the obligations. In this case, the court may force the spouses to divide the property (voluntarily or in a judicial procedure). If during the marriage the spouses made a marriage contract, then the property is divided according to it, and the arrest is applied to a part of the property of one of the spouses.

It is also necessary to pay attention to the fact that during the trial of personal obligations, foreclosure can be made for common property, if it is proved that this property was purchased or increased for money received by one of the spouses illegally. The fact of committing a crime must be proved in court.

Compensation for damages under common obligations of spouses is applied to common property, if personal property is not enough to pay off debts. The creditor has the right, in court, to demand recovery from the personal property of both spouses.

Responsibility of spouses for obligations. Family law

If we move away from the topic of penalties to the topic of children, sometimes we can be where we came from. Dear parents, keep in mind that if your child, at the question of how things are, always says that it's good, it does not mean anything. Do not be lazy to ask your acquaintances, teachers, neighbors, with whom your child is friends, just communicates, whether he was seen accidentally with people of an age of an order of magnitude older than himself. Children sometimes do not very sensible actions not on their own, and even more so in adolescence. This all comes from the desire to "show off" before older friends, in front of girls or boys, or just to seem older. So do not be afraid once again to ask the child where he is and double-check. Let it look like betrayal or mistrust on the part of parents to the child, but you can either prevent or avoid unpleasant situations that your offspring may get into.

Liability of spouses

Keep in mind, fathers and mothers, under the law, both parents are responsible for the actions of the child in equal measure. This is also the spouses' partial responsibility for obligations. Its main section is Family Law. The recovery applies to the common property without exception, if the perpetrator of the obligation is their underage children (whose age does not exceed fourteen years). Adolescents, whose age - from fourteen to eighteen years old, for causing harm to others should bear property responsibility on their own. Parents in this case are financially attracted only when the defendant (a minor from 14 to 18 years of age) does not have enough money to pay off the debt, or the defendant does not have property that can be reclaimed.

Responsibility of spouses for obligations

At the conclusion of the marriage contract all is stipulated and described under points in the notarial order. Spouses are obliged to notify all creditors about changes in marriage contracts. If the spouses are unwilling to notify all changes in general, then their responsibility involves committing the report to the creditors for consideration. If the creditor has not been notified of the change in the marriage contract, then such agreement for the creditor is invalid, and the previous contract will be legally valid, or the conditions of such a contract will not be taken into account at all.

For example, if the marriage contract was changed , in the conditions of which it is said about the distribution of debts. In the previous agreement they were common, and under the new agreement became personal one of the spouses. In this case, the creditor has the full right to make a recovery of the common property. At the same time, the responsibility of the spouses is complete, as for the creditor this change is invalid. But after reimbursement of debts from the property acquired in marriage, one of the spouses, who under the new marriage contract is the only defendant, is obliged to reimburse the other part of the debt that the creditor has reimbursed at his expense.

To summarize, you do not need big words. Just be careful when you sign any documents, read them, if you do not understand something - consult a lawyer, do not make hasty conclusions under the influence of someone's promises, beautiful stories, and so on. Especially do not do rash things. Because ignorance of the law does not absolve you or your children from responsibility . Be carefull.