Does Your Spouse Have a Loan, Does It Also Mean Mine?

Perhaps, every family sooner or later quarrels over money. In most cases, this involves taking a loan. A couple could get a loan together, or maybe a loan was taken by one of the spouses. Depending on the relationship in the family, the spouse may not at all tell his other half that he has taken on debt obligations. Such situations adversely affect both domestic relations and the relationship between the borrower and the lender. Anticipating such moments, many banks refuse to issue a loan, especially when it comes to large amounts, without the consent of the spouse. Especially in cases of Mortgages or, for example, car loans. It may even need a notarization. On the other hand, many lenders, counting on consistency in the family, may decide that the second half is certainly up to date. For example, when issuing a payday loan, if you do not indicate the spouse’s phone number in the application form, Payday Loan employees will not be interested in his opinion. Again, if the amount of payday loans is not too big.


Who should repay such a loan?

One way or another, being married, both spouses are responsible for the loan agreement equally. This means that if the one who took the loan became insolvent, the loan repayment falls on the shoulders of the second. In some cases, you can prove to the lender its non-participation in the contract. It will be necessary to confirm the information that you did not know about the contract and at the same time the money was not spent on family needs.

Who should repay such a loan?

An exception is the situation when the loan agreement was signed before the marriage. Even if the money was needed for a general celebration or the purchase of household appliances, which is now used by both. In this case, the second spouse will be liable for the loan only if he himself enters into the contract, as the guarantor. Such manipulations can sometimes help to improve the conditions under the loan agreement.

If the spouses are difficult to negotiate in any financial issues will help them marriage contract. This document is required to inform the bank. Further, all obligations and actions of all parties to the contract will be governed by the marriage contract.


Loan repayment will be divided in case of a divorce

Loan repayment will be divided in case of a divorce

If in the family the discord in the relationship brought to the divorce, then the obligation to repay the loan will be divided in proportion to the division of property. Again, you can try to challenge this decision through the court. In this case, the innocent party will have to “fight” with the culprit (the spouse who took the loan) and the lender because the latter is interested in having two borrowers participate in the loan agreement.

There are situations where the divorce process has long been completed, and you receive a notice of a loan debt, which was taken by your former spouse after the divorce. On such “letters of happiness” you need to respond immediately. If such a letter reaches you, it means that there is already a debt, and the case may be transferred to the bailiffs. It is necessary to provide all the available evidence and documents confirming the separation of the household and non-participation in the financial affairs of the former spouse.

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