Does this sound like an abusive marriage?
Family law, part 11: credit liabilities of married couples
It always sounds so romantic: If you get married, you will pool a lot in the future - households, groups of friends, expenses and accounts. It is not uncommon for loans to be taken out jointly. And a couple has to take care of them, even if the marriage has broken up. Unfortunately, that doesn't have a lot of romance anymore ...
If loan installments are still outstanding, it must be clarified who is contributing to what amount. Joint accounts were certainly closed very quickly - but what about an Oder account? Family law also regulates these dry financial issues: however, keeping track and understanding everything is not easy. That is exactly why we asked a lawyer for advice who is very familiar with it. Anette Führing is a specialist lawyer for family law and speaks to BILD der FRAU about the subject - in today's world 11th part of the family law series is about important questions and answers about loan liabilities from marriage.
Family Law, Part 11: What You Should Know About Married Loans
Family law regulates, among other things, the legal relationships of persons connected with one another through marriage, civil partnership, family and kinship. Anette Führing knows that decisions are often made before the family court that can have far-reaching consequences for women affected by a separation.
The specialist lawyer for BILD der FRAU has listed frequent questions, especially from women, about loan liabilities that still exist from the former marriage, as well as the answers.
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- During the marriage, I took out a loan of 50,000 euros with my husband and, among other things, bought a family car for 30,000 euros and spent 20,000 euros on vacation, furniture, etc. Now I'm separating from my husband.
Since both spouses have concluded the loan agreement, they are both jointly and severally liable for the loan amount to the bank. The bank can then charge both you and your husband for the full loan amount when due.
- My husband pays the loan installments of 500 euros.
As long as the marriage is in calm waters, the spouses usually do not worry about who is actually paying the loan installments or from which account the loan installments are debited when taking out a loan. The payments to the bank are counted as a contribution to the marital partnership.
- He wants half of the loan installments from me ...
In an intact marriage, what matters is how the debt is repaid. In case of doubt, the concrete handling results in a tacit agreement about who should bear the internal debt. This was your husband. They both assumed that no repayment of half of the installments would be tacitly requested.
- Is that still the case after the breakup?
With the separation, the reason for this tacit agreement no longer applies. Now it depends, among other things, on the agreements between the spouses.
- My husband and I have not reached an agreement on this. However, he uses the family car for himself.
The sole use of the car for his own purposes shows that he has an interest in the vehicle and is therefore solely responsible for paying the loan liabilities to the bank between you two.
- He now wants half of the loan installments from me.
Since only he benefits from the vehicle, what is known as a different provision between the separated spouse is assumed. He must therefore pay for the loan alone as before and cannot assert any compensation claim against you.
- What about the other 20,000 euros? My husband pays them back too.
Here you are actually half liable because you and your husband spent this money on consumption purposes.
- We have an OR account. What does that mean?
This is a joint account from which each spouse can make withdrawals alone.
- However, my husband still withdraws from the account after the separation.
This is to be tolerated until the separation, as both could have this so-called Oder account and thus the household etc. was financed. After the separation, this turns out to be an improper disposal of the credit, provided that no marriage-related liabilities are serviced.
- What can I do there?
In the event of improper disposal, you have the right to reclaim. Incidentally, you should set up your own account for yourself immediately.
You can find out more about our family law expert at ra-fuehring.de, Anette Führing's website.
→ Here is the first part about family law - what women are entitled to in the event of a separation.
→ We continue with family law: What women are entitled to in the event of separation, part 2 ..
→ Part 3 of our family law series deals with the topic of custody and access rights with regard to common children.
→ And here you can read Part 4, Family Law: Who Owns What After Divorce?
→ Real estate deals with family law, part 5: Who is allowed to stay in the apartment in the event of a divorce?
→ ... as well as family law, part 6: What if someone wants to sell their house after the separation?
→ Key point gain: This is what family law is about, part 7.
→ Family law, part 8: The ex claims that the children are not doing well with her ... Read more here.
→ You can find out which special questions arise when dealing with Corona times in part 9 of the family law series.
→ Family law, part 10: How much & how long do I get money from my ex-husband?
So that you are always well informed about your rights and obligations, we have put together all the important articles on this and many other topics on our legal advice page. For example, the many fake SMS messages for parcels that are currently making the rounds and are really dangerous because thieves want to get to your data in this way.
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