Married loan: who pays the bill in case of difficulty?
“Between wife and husband do not put your finger” the saying goes. If the life of a couple is all roses and flowers but one of the two can not pay the loan installments, what is the other?
Asking for and obtaining a single or married loan can be very different and lead to different consequences. Who chooses to pronounce the fateful “yes” – perhaps by resorting to a loan for one’s marriage ( find out the benefits here ) – should know some things about their money before going up the steps of the altar.
Communion or separation of assets?
How to protect your assets when you get married
When two people marry, in the absence of any explicit indication, they enter into communion of goods . What does it mean? Wife and husband became co-owners of their respective assets.
In particular they are part of the communion : the goods purchased together or separately during the marriage and their respective fruits, the proceeds of the respective work activities, the companies managed by both spouses and established during the marriage (for those previously constituted communion only profits and increases).
The newlyweds, however, can expressly ask for the division of goods .
In this case, every spouse remains the exclusive owner of the goods purchased before and during the marriage. In addition, everyone remains the owner of debts and personal obligations contracted by unmarried or unmarried and debts incurred personally in the interest of the family (eg a loan for the purchase of the car) after marriage.
What happens if you can not pay the installments of a loan? The differences between communion and division of goods are considerable.
In the case of communion of assets , even if the loan was requested and obtained by only one of the spouses, the other will also be called into question for his compensation. Creditors will then be able to refer to the goods of communion.
It is good to specify, however, one aspect. If, for example, the husband has contracted personal debts, he will be called upon to reforest them first with his own patrimony; only if this is not sufficient, the creditor can refer to his wife’s assets up to half of the amount to be paid . If you were to get to the foreclosure and auctioning of assets, the wife would have the right to receive half of the gross sum obtained (judgment 6575/13 of the Court of Cassation).
In case of separation of assets , on the contrary, every spouse has no obligation towards the creditors of the other spouse. The situation changes only if one of the two spouses decides to co-sign the obligations assumed.
In fact, in order to have more protection, the bank or lender may request this additional guarantee precisely because a spouse who has opted for the separation of assets has the same position as those who are unmarried in front of a credit institution.
Communion or separation of goods: can you change your mind?
The answer is yes . Wife and husband can change their asset regime at any time. How to do? It is necessary to go to a notary who will draw up a public deed in this sense. This document will be noted in the margin of the marriage certificate in the competent registry office. You can change the regime even more than once .
And in case of separation or death of a spouse?
The bonds on the loan imposed by the communion of goods cease when it is dissolved. By law, the communion of goods is interrupted in the event of cancellation, dissolution and termination of the civil effects of marriage, failure of one of the spouses or declaration of absence or death of one of the spouses.