Marriage is a commitment of two people to each other. They set up a house together, earn extra money and raises children. Increasingly, however, solemn declarations when filing a declaration “until death do us part” end up reading the divorce decree in the courtroom.
Not all couples have a long and happy life together
The problem begins when, after parting, the obligations incurred during the marriage are paid off. How does Polish law regulate this issue and which spouse is responsible for what after divorce? With the conclusion of marriage – unless they stipulate otherwise – arises between the spouses under the law of the so-called joint property, and from now on, whatever they contribute to the property, will fall under that joint property.
To preserve personal property, some couples decide to sign an intercommission and establish property separation. However, these cases are not numerous enough to constitute a social norm. More often, we naturally assume that since we are together, it will be like this for the rest of our lives and that is why for many people divorce is very painful not only for emotional but also for financial reasons.
Are you behind with installments?
Polish law provides that, although divorce arises between the former spouses, property separation occurs, but for the debts incurred during the marriage, if there was no intercourse written by the notary, they are both responsible if they were incurred for the needs of the family. These needs include virtually all aspects related to the functioning of the family, such as clothing, meals, housing, but also cultural needs and the costs of raising children.
In practice, therefore, the court, which in exceptional cases may exempt a former spouse from the obligation to pay the debts of the latter, may consider that all debts, even e.g. contracted for economic activity, are related to the needs of the family, because she also benefits from it. The issue of whether the other spouse has agreed to enter into an obligation is also important for such a judgment.
Even the court’s judgment does not bind the creditor
To waive the enforcement of the former spouse’s debt, and it is only with the creditor that one can try to agree on this issue, remembering, however, that he primarily defends his interest. Arrears to the Tax Office are also frequent obligations remaining after an unsuccessful marriage.
If they arose during the marriage, even after divorce, the tax authorities may seek payment of arrears from the joint property of the spouses and the personal property of the taxpayer. Only the personal property of a spouse who is not a tax debtor cannot constitute a source of satisfaction of the tax office’s claims.
This is beneficial because it protects people who re-tie someone with a marriage knot against losing property that they earned after divorce.