Contrary to what it may seem, taking a loan without your spouse’s consent is not uncommon. In many cases, you only need one signature on the loan agreement and a minimum of formalities to get the funds to our account. Let us remember, however, that money borrowed by one of the spouses may affect the financial situation of the other.
When can we take the loan ourselves?
The bank may grant a loan without the consent of the other person even if the marriage is in a property community. However, the amount of the commitment will not be too high.
We can individually take out a loan:
- to cover current everyday affairs
- to meet the ordinary needs of the family
- regarding activities related to our gainful activity.
If we take a loan without your spouse’s consent, the bank will only assess our creditworthiness. When is it worth taking a loan yourself? Even if the person with whom we are not working, cannot document their income or has a negative credit history. In all these cases, taking a loan “together” would only underestimate our creditworthiness. From the person signing the contract, the bank will require a certificate of income, consent to check in the debtors’ databases and employment information. The material and personal situation of the other spouse will not be analyzed. As long as the loan is repaid in a timely manner, the bank is not obliged to inform the other spouse of the obligation arising.All formalities related to credit can be done without his consent or even … knowledge.
Are we responsible for the spouse’s debts?
Under current law, we are not responsible for your spouse’s debts if they were incurred without our consent. This also applies to marriages with a property community, ie most Polish couples. It is worth knowing, however, that the creditor has the right to demand that the claim (repayment of the debt) of the joint property of the spouses be satisfied, provided that the other party has agreed to the obligation. In the Family and Guardianship Code, there is no information on what form such consent should take. Theoretically, it can be expressed orally, but in practice banks insist that the loan agreement should be signed by both spouses. In addition, consent can only be proved by a document (official or private).
If the one who took out the loan stops paying it back and the other person did not know about the loan, the bank or bailiff will not have the right to demand the satisfaction of the claim of the property of the spouse who did not borrow money . However, if the spouses took the loan together, they are obliged to pay it back together (such an obligation will continue even after divorce).
Loans without your spouse’s consent – how much can you get?
Although the Family and Guardianship Code does not specify the maximum amount we can apply for without the consent of the spouse, in practice, banks “limit” the amount of such obligations. When looking at the cash loan offer, you can see that the maximum amount we can count on is $ 20,000. The signature on the agreement of only one borrower in most banks is enough to borrow from 10,000 to 20,000 dollars. The final amount that we can receive is determined individually based on our credit history and creditworthiness.
Who is responsible for repayment?
For loan repayment in accordance with art. 41 of the Family and Guardianship Code corresponds to the spouse who took him. The law protects the interests of people who have not signed the intercourse quite well in this respect. If the borrower stops paying off the liability, the bank will enforce the debt return on its personal assets. The debtor’s personal property is property and rights that belong only to him. Personal property includes:
- items purchased before marriage
- outstanding remuneration for work
- items used to meet personal goals (eg jewelry, sports equipment)
- items obtained through inheritance and donations
- copyright and related rights
- a right only for one person (eg maintenance payments).
If, despite the other party’s disagreement, the claim is collected from its assets, an appropriate letter must be submitted to the creditor and the situation explained. If this is not enough, you may need to notify the prosecutor’s office of the crime.
A loan for family needs
The exception to the described situation is the one in which the spouse took a loan to meet the needs of the family. These include paying bills, financing school layering, grocery shopping, holidays, clothing, household appliances and food. Both spouses are responsible for the loan taken to cover such expenses, even if one of them was not aware of the obligation.
It is worth knowing that such loans are granted for small amounts, so if a court hearing occurs, the bank will have no problem proving what the money was borrowed for. If it can be demonstrated that the loan was taken to meet the needs of the family, the spouses will be equally responsible for its repayment.
In turn, if the spouse agreed to the loan, in the absence of repayment, the bank will have the right to request it from their joint property. For joint property art. 31 of the Family and Guardianship Code recognizes the remuneration for work collected by spouses, income derived from other gainful activities, income from joint and personal property.
When is consent necessary?
The consent of your spouse to take a loan is indispensable if you want to borrow a large amount or take out a mortgage. We need such consent when we have not signed the intercourse. A property community arises automatically between the spouses when the relationship is concluded. The spouse who agrees to the loan signs the relevant application (oral consent is not enough).
Credit and property separation
If we have established property separation, we do not need the consent of the other party to take out a loan. Intercyza liquidates the joint property between the spouses and they begin to accumulate it separately. Hence, they can also apply for any financial obligations. This also applies when we are interested in a large amount of credit. In the case of property separation, the spouses are not responsible for their obligations.
Loan without your spouse’s consent. Summary
A loan without the consent of the spouse at the property community is admitted, but we can forget about borrowing a large amount. We are not the only borrowers to receive a mortgage. The situation is different for people who have signed a comma, they can all incur financial obligations “on their own”. In both cases, the one who signs the contract is responsible for timely repayment of the loan. Thus, the legislator secured us against financial liability for the loan, which we did not take. The exception is a loan to meet the usual needs of the family. Then, although it is not our name that appears on the loan agreement, we will have to pay it back.