Debt, dr

Debt, dr


Debts of the spouses

at separation & divorce

Family law can be divided into the areas of property law and maintenance law. Debt can be found in both Vermögensaueinandersetzung because of divorce as well as at the Maintenance Calculation consideration.

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I. Debt liability in domestic and foreign relations

No spouse has to face the creditors of the other spouse, for whose debts stick. The marriage does not constitute a liability community per se externally to third parties. This often changes in the population, i. seen wrong. Exceptions to this rule exist in the case of the property community (§§ 1415 ff BGB), in transactions to Covering the need for life (§ 1357 BGB) and in the joint assessment of income tax (more on this HERE). Apart from that it comes to one Community liability basically only when the spouses collect debts together, i.e. they have signed a loan agreement together (total debtors: § 421 BGB) or it was by a spouse for the debts of the other spouse collateral (eg guarantees). This is often the case when you collect a REAL ESTATE CREDIT or sign the RENTAL CONTRACT together. From the debt liability of the spouses in externally Third, the burden sharing of common debts is internally to distinguish. Anyone who ultimately has to bear the burden of debt of the two spouses in whole or in part, decides in accordance with § 426 BGB. You can find out more at theme COMMON DEBT OF THE EHEGATTEN.

II. Debt and maintenance

The maintenance-relevant income is the central measure for determining the amount of a maintenance claim. here we can debts affect the maintenance, if they are to be considered in the maintenance income. When debts are deductible HERE. How to deal with joint debts of the spouses is discussed here.

III. Debt and gain

The balance of asset growth in marriage

Without a notarized marriage contract, the spouses always live in the legal regime of the ZUGEWINNGEMEINSCHAFT. Which states that the two assets the spouses (whether positive or negative assets) are separated and stay disconnected. In that regard, there is no difference to the GOODS. Find the AGREEMENT on the occasion of the divorce debts However, entry in the analysis report: debts are to be included in the calculation of profits for both the initial and final assets at the relevant reporting date (BGH v. 06.10.2010 – XII ZR 10/09).

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