Getting married brings with it a number of obligations, not least financial ones. But your spouse is a spendthrift, sometimes more than is reasonable, and is jeopardizing the balance of the family budget. Are you jointly liable for his or her debts, or is he or she solely responsible? It all depends on your marital situation and the nature of the debt. Here are a few examples.
Unbeknownst to me, my husband was tempted by the credit card he was offered in a store. If he spends a lot of money and takes out a loan with this card, am I obliged to contribute to the repayment of the credit?
Don't worry, the French Civil Code exempts you from joint and several liability for credit purchases, whatever the amount, and for loans taken out by only one member of the couple without the other's agreement (unless the loan is for modest sums and for everyday needs). The "modest" nature of the expense is examined on a case-by-case basis.
My wife and I are married under the community of acquestsregime. One of her friends has just found an apartment to rent, and my wife has agreed to act as guarantor without informing me. If there are any financial worries, should I fear for our assets?
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 the creditors (including your own assets).
What happens if I'm living separate and apart?
If you are married or living separately, most of your debts remain personal. The creditor cannot seize the assets or income of the other spouse or partner. Nor any assets acquired by the couple.
On the other hand, they are jointly liable for the commitments they have entered into together, or which one has entered into with the other's surety. The same applies to debts relating to property purchased in both their names, and to all debts relating to household maintenance and children's education.
My husband bought a car without telling me. He tells me that this purchase is part of the "household debts" and that we therefore have to pay for it out of joint funds. Is this true?
It all depends on the purpose of the purchase. If the vehicle will be used to take the children to school, for lack of other means of transport, then it's a useful and necessary expense for the needs of the household... and consequently, the principle of solidarity will apply. 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.
Household debts
These are 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.
Marie Christine MENOIRE