• 30/12/2022
  • By wizewebsite
  • 362 Views

Did he take the loan without the consent of his wife, is he obliged to pay his debts?<

Mrs. Kateřina is married for thirty years.One day her husband came up with the need to take a break from their relationship, left a common household and moved.The pause was prolonged from week to week and from month to month, and when it lasted a year, the couple agreed on the divorce.Children were already adults, so it was enough to solve property.

Only when writing a settlement agreement, however, Kateřina found out that her husband had taken a loan of 400,000."How is it even possible that the bank will provide such a high loan without my consent?" The reader wonders."Plus, I'm afraid that even though my husband and I don't live, if he didn't pay, would I have to pay his debts?" Asks.

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We first asked at the bank which loan provided whether it is a normal procedure that the bank does not require the wife's consent for such high loans.Without the client's consent, the bank cannot comment on a specific case as it does not have the authorization to provide information protected by bank secrecy.

"In general, in the case of a loan over 300 thousand crowns, we require the approval of the other spouses to negotiate a loan agreement, but the other spouse does not become a co-debtor," says spokesman MONETA MONEY Bank Jakub Švestka and adds: "If the loan amounts to 500 thousandcrowns, we require the consent of the second of the spouses, which is kept as a co -debtor and the loan agreement as a co -debtor also negotiates.”

Debts agreed without spouse's consent solve the Civil Code

Vzal si úvěr bez souhlasu manželky, je povinna jeho dluhy platit?

Mrs. Kateřina did not give any agreement with the loan, the good news is at least that it is not kept in the credit agreement as a co -debtor.Nevertheless, the fact that her husband took a loan for the duration of marriage may have bad consequences for her.

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„V případě, že by manžel svůj dluh nesplácel a banka by jej vymáhala, pak by banka mohla pohledávku uspokojit při exekuci i z majetku, který spadá do společného jmění manželů,” upozorňuje advokát Pavel Nastis.To put it simply, until Mrs. Catherine is distinguished, for the debts of her husband, although they arose against her will, he is responsible.

Fortunately, the Civil Code also remembers these situations. „Pokud paní Kateřina ve chvíli, kdy se o takovém dluhu, který vznikl proti její vůli, dozví a projeví vůči bance, která úvěr poskytla, svůj nesouhlas, může být v následné exekuci společné jmění manželů postiženo jen do výše, která by představovala podíl jejího manžela, což bude zpravidla jedna polovina hodnoty společného jmění manželů,” doporučuje advokát.

The joint assets of the spouses disappear by divorce

Kateřina is freshly divorced and a friend with whom she lives has asked her to marry her.However, they are afraid that if a former husband did not pay his debt, her friend may lose his house in execution.According to a lawyer.

„Vzhledem k tomu, že se jedná o dluh pouze jejího manžela (vlastně dnes již exmanžela), banka může vést exekuci pouze proti tomuto pánovi a protože tento pán již nemá společné jmění manželů, to zaniklo dnem právní moci rozvodového rozsudku, může mít paní Kateřina klidné spaní,” říká Nastis.

If it would still happen that the bailiff affected the property of the friend of Mrs. Catherine, he could claim the exclusion of things from the inventory and if he failed the bailiff, then he could file an excretory action.

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