Schleswig-Holstein Chamber Of Lawyers. Many marrying couples to think, that after the marriage for existing or future liabilities of the spouse mithaften must. This is a persistent misconception. The mere fact that the debtor is married, does not lead to a contribution of a spouse. For the debts of the spouses, the Affected vouches only if he agrees explicitly. The legal regime of the European Union in favor of a separation of property, therefore, to amend, is often the wrong Alternative. The Schleswig-Holstein chamber of lawyers explained, when a spouse for which debt, personally, have to stand up.
Expenditure in a common household
Spouses are liable for their debts alone – unless it’s to make smaller purchases in the everyday life of the spouses: The so-called Keys allows married couples, business, the need for life cover and the other apply (§ 1357 BGB). Including everything that is in accordance with the marital and economic life appropriate to falls, such as the purchase of food, clothing, Household goods or other minor purchases. Luxury goods are not included.
Also, certain long-term obligations, which serve the living, are covered by the key of violence: contracts with current suppliers, or telephone providers require the other spouse, that is, both spouses are jointly and severally liable and can be taken as a part or the full amount of the claim (section 421 of the civil code).
A spouse from the family home should take off, it must be terminated the contract that has been concluded in the name of both.
The spouses are jointly and severally
In the case of a loan agreement for a car or a real estate purchase agreement of the other spouse shall be liable only if he has signed the contract with, or as a guarantor for a payment default obliged. With his signature of the spouse expressly to the total debtors: Regardless of who is the owner of the car or of the property, entitled to the signature of the creditor, the debt of each of the spouses, in whole or in part, claim (§§ 427, 421 of the civil code).
Such joint and several liability should be considered, therefore, always good.
Liabilities in case of maintenance claims
Of the debts of the other spouse is affected, even indirectly, in the case of alimony claims. Since debt reduce the income can be paid may be less or no maintenance. By Change of matrimonial regime, this Problem can not be avoided. In the case of the division of the assets Concerned can control the risk of liability, by contrast, quite.
Together with a specialist lawyer for family law, the spouses concrete possibilities to consider.
In case of doubt, you should consult a lawyer for advice. Lawyers are called on request from 9 to 12 at the Schleswig-Holstein chamber of lawyers at the phone number 04621/9391-11 or the lawyer search service on the Internet: www.rak-sh.de.
Lawyers are independent consultants in all legal matters. They solely represent the interests of their clients, to help in the enforcement or defense of claims and develop economically sound solutions.
The lawyer and his staff are committed to the strict secrecy and must not disappoint the trust of the clients due to the perception of conflicting interests.
You can also visit the Facebook page of the Schleswig-Holstein chamber of lawyers: www.facebook.com/SH.Rechtsanwaltskammer and the new Online consumer portal www.ihr-ratgeber-recht.de.
Text size: 3.775 characters including spaces
If you have questions or if you need a competent interview partners, the editorial team at your disposal:
Schleswig-Holstein Chamber Of Lawyers. Many marrying couples to think, that after the marriage for existing or future liabilities of the spouse mithaften must.
This is a persistent misconception. The mere fact that the debtor is married, does not lead to a contribution of a spouse. For the debts of the spouses, the Affected vouches only if he agrees explicitly. The legal regime of the European Union in favor of a separation of property, therefore, to amend, is often the wrong Alternative. The Schleswig-Holstein chamber of lawyers explained, when a spouse for which debt, personally, have to stand up.
Expenditure in a common household
Spouses are liable for their debts alone – unless it’s to make smaller purchases in the everyday life of the spouses: The so-called Keys allows married couples, business, the need for life cover and the other apply (§ 1357 BGB).
Including everything that is in accordance with the marital and economic life appropriate to falls, such as the purchase of food, clothing, Household goods or other minor purchases. Luxury goods are not included.
Also, certain long-term obligations, which serve the living, are covered by the key of violence: contracts with current suppliers, or telephone providers require the other spouse, that is, both spouses are jointly and severally liable and can be taken as a part or the full amount of the claim (section 421 of the civil code).
A spouse from the family home should take off, it must be terminated the contract that has been concluded in the name of both.
The spouses are jointly and severally
In the case of a loan agreement for a car or a real estate purchase agreement of the other spouse shall be liable only if he has signed the contract with, or as a guarantor for a payment default obliged. With his signature of the spouse expressly to the total debtors: Regardless of who is the owner of the car or of the property, entitled to the signature of the creditor, the debt of each of the spouses, in whole or in part, claim (§§ 427, 421 of the civil code).
Such joint and several liability should be considered, therefore, always good.
Liabilities in case of maintenance claims
Of the debts of the other spouse is affected, even indirectly, in the case of alimony claims. Since debt reduce the income can be paid may be less or no maintenance. By Change of matrimonial regime, this Problem can not be avoided. In the case of the division of the assets Concerned can control the risk of liability, by contrast, quite.
Together with a specialist lawyer for family law, the spouses concrete possibilities to consider.
In case of doubt, you should consult a lawyer for advice. Lawyers are called on request from 9 to 12 at the Schleswig-Holstein chamber of lawyers at the phone number 04621/9391-11 or the lawyer search service on the Internet: www.rak-sh.de.
Lawyers are independent consultants in all legal matters. They solely represent the interests of their clients, to help in the enforcement or defense of claims and develop economically sound solutions. The lawyer and his staff are committed to the strict secrecy and must not disappoint the trust of the clients due to the perception of conflicting interests.
You can also visit the Facebook page of the Schleswig-Holstein chamber of lawyers: www.facebook.com/SH.Rechtsanwaltskammer and the new Online consumer portal www.ihr-ratgeber-recht.de.
Text size: 3.775 characters including spaces
If you have questions or if you need a competent interview partners, the editorial team at your disposal:
AzetPR International Public Relations GmbH
Consulting / Editorial Services
Andrea Zaszczynski
Wrangel road 111
20253 Hamburg
phone: 040/41 32 70-30
Fax: 040/41 3270-70
www.azetpr.com