Do love and money go hand in hand? Not always. Especially when it comes to the mismanagement that characterizes your other half... If you need to get out the calculator to settle the score, there are several factors to consider. Here are some explanations.
My husband bought a car without telling me...
He tells me that this purchase is part of the "household debts" and that we have to pay for it out of the joint estate. Is this true?
It all depends on the purpose of the purchase. If this vehicle is going to be used to take the children to school, for lack of other means of transport, then it is a useful and necessary expense for the needs of the household. The principle of solidarity therefore applies. On the other hand, in the case of a classic or luxury car, the situation will be different if the purchase is clearly excessive, does not correspond to the household's lifestyle and is not necessarily useful.
Joint and several for household debts: this covers all expenses incurred for the upkeep of the household and the education of children. This includes rent payments, telephone bills, food, children's schooling and health expenses, for example. For this type of expense, the creditor can approach either spouse to claim payment of the entire debt, regardless of the couple's matrimonial property regime. Excluded from this category, however, and therefore from the principle of solidarity, are expenses that have no "family utility" (leisure expenses of just one spouse, etc.) or are excessive.
Alexandre and Pauline are in a civil union, but Pauline spends astronomical amounts on shoes, bags and clothes.
Alexandre no longer knows how to balance their budget. Does he have to repay Pauline's debts?
As in the case of marriage, PACS partners are jointly and severally liable for current expenses (water and electricity bills, children's school fees, food, etc.), but not for debts that are manifestly excessive. Each partner remains responsible for personal expenses incurred before or during the pacs. So Pauline must pay for her purchases alone.
Married under the separation of property regime, Monique is concerned about Pierre's situation as a businessman.
She's worried that if his business goes wrong, creditors won't be able to distinguish between the couple's business and personal assets, or even their own.
Monique can rest assured. Under the separation of property regime, by definition, there are no joint assets. This system confers total independence on the couple's assets. Pierre is solely responsible for the business debts he has contracted in his own name, and only his own assets (those belonging to him personally) will be used to repay them. The couple's main residence is protected by the principle of unseizability. It cannot be seized for business debts incurred after publication of the declaration.
Married under the community of acquests regime, my wife is a guarantor
One of her friends has just found an apartment to rent. What happens if something goes wrong?
As long as you have not expressly consented to the guarantee, creditors can only demand repayment from your wife's own assets and income. If you had given your consent in writing, the situation would have been different. Joint assets would have been involved. And if you had co-signed the surety deed, all your assets would have been liable to seizure by creditors (including your own assets).
Marie-Christine Ménoire