Husband defaults, takes the debt home, does the wife have to pay those debts? What should a husband do to his wife's debt to be legally correct? Click to find out now!
The husband owes his wife what to do , does the wife have to pay those debts? Are spouses obligated to pay each other's debts? All will be answered by CashBerry in today's article.
In fact, it is not uncommon for cases when creditors come to the house to ask for debt repayment, the new wife "falls back" when she learns that her husband owes people hundreds of millions, in some cases up to billions of dong.
The wife is confused as to whether she is responsible for paying the debt with her wife because this debt is borrowed during the marriage. CashBerry - an online financial consulting company will give a legal perspective on this case.
What to do when your husband is in debt ?
Before deciding what to do, you must carefully study the legal issue to be more proactive in handling the problem.
According to the provisions of Article 27 of the Law on Marriage and Family 2014, the husband and wife are jointly responsible for the transactions performed by one party in the following cases:
● Husband and wife have the right and obligation to perform transactions in order to meet the essential needs of the family.
● Other transactions in accordance with the provisions on representation in Articles 24 (Bases for establishing representation between husband and wife), Article 25 (Representation between husband and wife in business relations) and Article 26 (Representation between husband and wife) husband and wife in the case of certificates of ownership, certificates of use right for common property but only the names of spouses) of the Law on Marriage and Family 2014.
If the husband is in debt, what should the wife do ?
In case if the husband borrows money from others without his knowledge, he does not sign the loan document and the husband cannot prove that this money is borrowed to meet the family's essential needs such as taking care of money. For children's education and living expenses in the family, this is considered a separate debt of your husband. In this case, you have no joint obligation to repay the debt because it is not a joint debt during the marriage.
According to Article 37 of the Law on Marriage and Family 2014, husband and wife have the following common property obligations:
1/ Obligations arising from transactions established by the husband and wife's agreement, the obligation to compensate for damage for which the husband and wife are jointly liable according to the law;
2/ Obligations performed by a spouse to meet the essential needs of the family;
3/ Obligations arising from the possession, use and disposition of common property;
4/ Obligations arising from the use of separate property to maintain and develop the common property or to generate the main source of income for the family;
5/ Obligation to compensate for damage caused by their children which, according to the Civil Code, parents must compensate;
6/ Other obligations as prescribed by relevant laws.
Thus, only debts in the 6 cases mentioned above are considered as common debts of husband and wife during the marriage period and oblige both of them to pay jointly.
If the husband borrows money not to meet the essential needs of the family (the daily living needs of each family) and also falls into one of the cases specified above, the wife is not obliged to accompany her husband. or pay on behalf of the husband to the creditor.
Besides, we need to determine one more issue that the debt is made with any organization or individual. The "black" debts are often borrowed at black credit institutions, but rarely at banks. Because the process of performing verification documents to get loan disbursement at the bank is often complicated and time-consuming.
On the other hand, when borrowing at a bank, the borrower needs to prove his marital status and then the bank will have to ask both spouses to perform the loan agreement, not quick disbursement and documentation. as simple as borrowing from individuals specializing in loan sharks.
As many people know, black credit borrowing activities often have very high interest rates, many times the ceiling interest rate prescribed by law for debt activities, so these debt transactions are not legal. recognized (disabled). Accordingly, the borrower is not obligated to pay the interest that the two parties have agreed.
From this incident, you and your family should also learn from experience, which is not to get entangled in black credit and usury . If you can't get a bank loan, you can apply for a loan at cashberry.vn. This is one of the reputable financial companies with professional loan consulting services, fast within the day.
Back to the problem, if the husband is in debt , the creditor comes to the wife to threaten and pressure, what will the wife do now?
The answer lies right below.
In case the creditor pressures or threatens to force the family to pay the debt, the wife can do a few things to protect her family:
– Immediately make a report, denounce the creditor's illegal acts, and send it to the police agency where you reside for preventive measures. Violations of the law by creditors can be: robbing, appropriating property, intentionally causing injury, threatening to kill, humiliating others, destroying property, etc.
– Do not commit or sign any documents given by the creditor.
– If the children are young, it is possible for them to temporarily stay at their relatives' homes for a certain period of time.
– Install security cameras in accessible locations, combining both public and secret cameras.
- Disseminate self-protection skills for family members in situations such as being in an empty place, moving early in the morning or late at night, when someone is following, stalking, etc.
– Remember the phone number of the police station of the commune or ward where you live to contact immediately when needed.
– Boldly share the debt squeeze with adjacent households for support and help when needed.
– Do not allow debt collectors to enter the house, unless there is the participation of local authorities.
– When facing debt collectors, it is necessary to keep a certain distance because they can carry weapons and are violent.
Many people wonder if they are in debt should tell their family . Our advice is that when you have a business loss, business failure or financial difficulty, you should tell your family so that you can be encouraged and solve the problem together.
In general, to answer the question "What should a husband do with a debt to his wife ?" it must be based on many factors, aspects, such as emotions or laws. You can pay the debt with your husband if the debt is for the sake of your family and children. Or you may not need to pay the debt if you feel you have been lied to, and you are legally not obligated to pay the debt.