“In marriage, every advantage is double, but every defect is tenfold,” said the satirist. There is a lot of truth to this. Difficult situations in a relationship give rise to problems for both husband and wife. The spouse of an indebted entrepreneur needs debt relief almost as much as the indebted one.
Liability for the spouse’s debts
It may happen that your spouse will take out a loan without the knowledge of the other party or the company he runs will get into financial trouble and debts will appear. If before the first obligations were not concluded a property separation agreement, the creditor has the right to demand that the bailiff seize the joint property of both spouses. Take care of your finances! Don’t be afraid, ask for advice.
We will help you solve your problem. Even if the spouse did not agree to the debt, the creditor may request recovery of the debt not only from the debtor’s personal assets, but also from the income belonging to the joint property obtained by the debtor from other gainful activities and from the benefits obtained from his rights e.g. copyright.
On the other hand, if the arrears arose in connection with running the enterprise, then the creditor will have the right to additionally satisfy his liabilities from the property items constituting the enterprise. When a husband or wife has entered into a commitment with the consent of the spouse, the creditor may also demand bailiff enforcement of the joint property, but the bailiff cannot take his wife’s remuneration for work if she is not the debtor.
Declaration of bankruptcy
The family of an insolvent entrepreneur in a case of bankruptcy is in a difficult financial situation. The statutory community between him and his spouse then ceases by law on the day of the declaration of bankruptcy, and the joint property enters the estate.
In addition, it is presumed that the joint property that was accumulated during the period of running the company was acquired from the funds that came from the income from this company. In such a situation, the spouse of the bankrupt entrepreneur should pursue in bankruptcy proceedings receivables for his share in the joint property, and report his claim to the judge commissioner.
In Poland, joint property is a standard approach to marital finances. It is good, however, to take care of your security in advance so that no debt relief is needed. The defense of joint property by the abolition of joint property will not be effective if it occurred within a year before the date of filing for bankruptcy.
On the other hand, the abolition of the community based on the property contract concluded between the spouses will be effective in relation to the bankruptcy estate only if the contract was concluded at least two years before filing for bankruptcy.