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Debt Between Husband and Wife

Marriage does not only cause a couple rights and duties to manage property between husband and wife, but it also in debt and their private responsibility and responsible way together. Law is legislated for debt between husband or wife or personal debt to be responsible for outsider. Debt between husband and wife together will be forced, for example, during the marriage, husband does a personal loan agreement of wife for his personal reason. This will be debt or not. Then we will talk about this later.

Admitting the mistake in debt of husband and wife has 2 cases, the loss of debt before marriage and the one during the marriage. In the first case, normally the nature of human who causes the debt, this person needs to pay. It is the same like, if husband and wife have debt before marriage, they have to be the sole to take responsibility. If that debt happens during husband and wife marriage, it might be the debt of husband and wife or maybe co-debt, so they are debtors together. If one of spouse causes debt, it can be considered that the debt be the personal debt of that spouse. However, there will be some debts that law specifies to be co-debts between husband and wife.  And it forces husband and wife having to take responsibility together. These debts are house management ones or they belong to family, debts related to marriage property, debt happens because work that they did together and personal debt of one of spouse. However, other spouse assure that we need to know which kind of debt and who take responsibility. It help to force to pay debt for getting property of spouse correctly. If debt is personal debt, they have to pay debt with personal property. Nevertheless, if debt is co-debt between husband and wife, they have to pay by use marriage property.

You may know very well that marriage property between husband and wife will become personal property if the marriage ends. Many people worry that if they wait until the marriage is end or one of spouse dies. The property will be damaged and it is complicated to request the marriage property to be the personal property. Law lets the spouse know this gap concerning the situation mentioned above, it will happen to request to court for splitting the marriage property. It will make property used to be the marriage property become the personal one of husband and wife a half and a half, but splitting marriage property does not make duty and responsibility to pay expense in family away. Spouses have to pay expense together. The person who has more pays more, and the person who has less pays less to maintain family.


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