The debt of relatives can sometimes be very problematic. Lack of appropriate actions by the debtor may result in credit enforcement, which may cover various elements of his property. It is worth knowing the competences and scope of the credit’s activities if you are your spouse. For example, can a credit take a wife’s account for the husband’s debts?
Debt is a phenomenon extremely common on the national scale, and debtors are a highly diverse and heterogeneous group. However, the vast majority of debtors have families and are in marital relationships. As it happens in life, the spouses often hide many secrets and one of them is sometimes long. Spouses finding out about it when the credits are knocking on the door are often terrified by one main issue. For example, can a credit take a wife’s account for the husband’s debts or vice versa?
These fears, in fact, are difficult to consider as unfounded. Persons who are in marital relationships with debtors often have jointly owned houses / apartments, as well as cars and other household property. Even people who do not have so-called intercranes and have separate bank accounts.
Can a credit take a wife’s account for the husband’s debts?
No. The court credit with the court order to execute the credits execution, yes, has the full right to take bank accounts and debtor savings accounts. He can take over his pension, pension or funds, for example from compensation, although he must leave the equivalent of the minimum wage on his account.
In the case of his spouse – the credit has no right to reach for a bank account and any funds on it. And this is despite the provisions of the Family Code, which in everyday situations recognizes the property of a wife as joint property of a married couple, just like a husband’s estate.
The condition must, of course, be the wife’s lack of participation in the rising and growing of debt. If there are no such premises, and the credit, for example, and so confiscation takes place, the wife has the full right to file a complaint against the actions of the court credit.
The issue of seizing household property looks different
Unfortunately, the case looks different in the case of property that is at home. The credit has the right to so-called the presumption that the item in the house is in the possession of the debtor. In this way, he can confiscate him against the penalty and he does not require proof during the confiscation that he belongs to a third party. For this reason, it may happen that the credit takes over in the absence of his wife, for example, a bicycle that belongs to her, but is in the debtor’s room.
However, if in the case of a given item it seems doubtful that he is in the use / possession of the debtor or the wife will present that he is his sole owner – then, they are safe from the specter of execution by the credit. Unfortunately, these must be only those items that are not shared.
The credit has the right to occupy the common property
As mentioned above, the elements of the joint property are already completely subject to the right to seize them. In this way, the credit can take over all items of property that are ALSO in the property of the debtor. It is under the coffee machine and coffee maker, and even a car. In the latter case, the credit may state that, for example, he is used in overbalance by the husband and may confiscate him immediately.
In extreme situations, the credit can also take a plot or flat, which also belongs to the spouse. Due to the problematic situation of such a situation, however, fortunately – he hardly ever hears.
A wife may or may not allow the execution of her property
Of course, the wife can allow her to pay her debt, but it’s only a matter of her will. This can be done by wanting to, for example, relieve the husband of debt or speed up the process of debt enforcement. This is also referred to in Article 845 of the Code of Civil Procedure.
If, however, the wife does not find such evidence, and the credit will actually take her items, again – she can sue this action. In this case, an anti-detention claim is made. Unfortunately, this is problematic. Before the court it will be necessary to tell in the company of witnesses that the object has been taken illegally and falls solely on the property of the wife, not belonging to the debtor’s husband.
Additional security – abolition of the property community
If, after a stressful credit’s execution, the debtor’s spouse wants to avoid future situations in which some common items may be confiscated, he may still take steps to abolish the property community. This is done by notarizing the separation of property and separating your property from your husband’s property in all aspects. For the credit it will be a clear signal that he can not move anything that belongs to the spouse – both property and property accumulated, for example, on a bank account.