Debts incurred before marriage: can the spouse be charged?
Are debts incurred before marriage considered the couple's responsibility?
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Can debts incurred before marriage be collected?
Financial difficulties and debt during marriage have always been a cause for concern, especially now that the number of families in debt is increasing.
To understand how the spouse's financial liability works in this matter, it is essential to understand how the laws work for contracting debts during a stable union.
With that in mind, in today’s article, we’ll talk more about the subject. Enjoy your reading!
Incurring debt during marriage
Debts acquired during the marriage must be divided between the spouses.
Nonetheless, it will be necessary to prove these expenses, with bills and invoices, for example, that demonstrate that the origin of the charge is related to family expenses.
This includes common expenses, such as electricity, water, telephone, school, rent and condominium fees.
The division of these debts incurred during the marriage is carried out in accordance with the property division regime, which was defined by the couple even before the marriage.
If you do not have a prenuptial agreement, what will apply is partial community property, that is, dividing what was acquired onerously after the marriage.
How does it work for debts incurred before marriage?
This is a very common question among couples.
After all, the debts incurred before marriage, become a responsibility of both?
In fact, this type of debt cannot be considered the couple's responsibility.
In fact, even debts assumed during the marriage are only reflected in the spouse's assets if they benefit the family.
Inherited or donated assets that were acquired before the union will not be included in the debt collection.
Furthermore, families that have a single property and assets that are used for work will be included in the exceptions.
For more information, you can consult the company website Galvao & Silva Law Firm, website from which this information was taken.
Who gets the debts after separation?
Debts incurred during the marriage are also included when dividing assets.
In this case, when we are talking about debts, we can mention financing, loans, credit cards, condominium debts, among others.
The situation also applies to debts acquired by only one of the parties, but which are family income.
But for debts that were acquired in isolation to be characterized as being in favor of the family and beneficial to the spouse, it is important to prove this condition.
In any case, it must be made clear that the presumption of common benefit from financial disputes is not always absolute, and therefore depends on the analysis of each case.
Source: Accounting Journal
Exceptions to collection for spouse's debt
In the partial community property regime, debts that were incurred before the couple were created are not considered a responsibility of both parties.
In fact, as already explained, even debts acquired during the union will only impact the spouse's financial assets if they are used for the benefit of the family.
Assets originating from inheritance or donation, or which were proven before the marriage, will be included in the collection of financial debts.
This exception also applies when the family owns a single property or assets used for the profession, such as a car, for example.
Regarding the couple's joint savings, it can be used to settle financial debts of one of the parties, as long as the amount is greater than 40 minimum wages.
If it is below that, the savings will not be used to pay off debts.
In marriages with separation of assets, the spouse who is in debt is responsible for paying it off without using the spouse's assets.
Source: examedaoab.jusbrasil
Property regime: what are they and how do they work?
The property regime is the set of rules regarding the disposal of a couple's assets.
The main property regimes are:
Partial communion of property
It is one of the most common types of regimes in our country.
Basically, it means sharing in equal proportion, that is, the assets that were acquired after the marriage.
According to the Civil Code – Law 10406/02 | Law no. 10,406, if there is no express choice by the spouses, this is the regime that will prevail.
It is important to remember that this is the regime adopted in cases of stable unions.
Universal communion of goods
In this case, the assets acquired prior to the marriage and during the union are divided entirely between the two.
This type of property regime was the default regime in the previous Civil Code. For this reason, it used to be the most common.
However, even in the universal community of property, there are exceptions: assets received free of charge by one of the parties through donation or inheritance are not part of the couple's financial assets.
Therefore, these assets, specifically, are not included in the division of assets, if the couple decides to divorce.
Total separation of assets or mandatory separation
The assets belong to the spouse who owns it.
Therefore, in this type of regime, there are two assets, one for each spouse.
Extrajudicial divorce: what are the requirements?
An extrajudicial divorce is carried out at the registry office, before the Notary.
In other words, it is different from a judicial divorce, which takes place before a judge.
Extrajudicial divorce occurs when both parties agree. It was created 15 years ago (2017), precisely with the aim of facilitating separation.
This makes the process easier, which avoids future expenses and, obviously, emotional stress for the former couple.
As you can see, for the divorce to take place at the registry office, the couple must be in mutual agreement.
Furthermore, there cannot be minor or incapacitated children, nor an ongoing pregnancy.
It is also important to remember that it is necessary to hire a lawyer, who will help with the separation of documents.
Conclusion
As you can see, debts acquired before marriage are not the responsibility of either party.
For more information, it is essential to hire a specialized lawyer. This professional can answer all your questions regarding debts and the division of assets after divorce!
