Last week we discussed how your relationship how your relationship can survive money troubles. But what do you do when financial challenges have turned into sky-high debt? Are you also responsible for the debts of your spouse, boyfriend or ex-partner? What are the rules for newly blended families? There are a lot of legislation about this subject. Finding your way through all this is not always easy. That’s why we list your rights and obligations.

1. You’ve paid your partner’s debt

Did your partner incur a personal debt, but did you pay off his debt (in part of in full)? Then you may be able to reclaim your money. It is best to contact a lawyer in time for this.

2. Guarantee

Did you grant personal guarantee for your partner? For example, when taking out a loan? As soon as your partner stops paying off that loan, the creditor can collect the overdue amount from you. Even if your relationship has ended in the meantime, you remain liable.

3. Married couples

Marriage partners are not necessarily liable for each other’s debts. This depend on the type of debts (personal of joint) and the matrimonial regime under which the partners are married: the legal regime, the separation of property regime or the community of property regime.

3.1 Was your partner already in debt before your marriage? You are not liable for these debts. Did your partner pay off these debts with your joint property during the marriage? Then you can reclaim the full or partial amount during the liquidation division at the notary when your marriage is dissolved.

3.2 Did your partner incur debts during your marriage?

During a marriage, joint debts can be incurred. These are debts that you or your partner incur in the context of the education of the (step) children or the household. Consider, for example, children’s clothing, food, repair to a car or medical costs. Debts that you co-signed are also included in the joint debts. This is the case with a guarantee (see above), but also when you book an expensive trip together.

When there are joint debts, the creditor will first address all common assets. Has the debt not been paid afterwards? Then the belongings of the partner who didn’t make the purchase in question can also be confiscated. This is the case, for example, when your partner bought a new washing machine or had the roof of your home repaired.

What about tax debts? When you are married, you must file a joint tax return. This makes you both liable for tax debts.

Did your partner incur personal debts during your marriage? Then it must be verified what the nature of the debt in question is and under which matrimonial property regime you are married: the legal regime, the separation of property regime or the community of property regime.

Did your partner go into huge debts during your marriage? If your partner incurred debts that are completely excessive compared to your family income, you are not necessarily liable for those debts. You can therefore decide to not finance that purchase. It is up to your partner to demonstrate that this cost is realistic within your family income. The court can decide about this.

4. Ex-partners (during divorce proceedings or already divorced)

Did your partner incur debts before or during your marriage? Be sure to read the information in point 3.

Did your partner incur debts during the divorce proceedings or the liquidation division proceedings at the notary? Then adjusted rules apply. We recommend that you seek advice from a lawyer.

Did your partner incur debts after your divorce? Then you are not liable for this.

5. Cohabit either de facto or legally

5.1 Attachment of goods

This arrangement is the same for cohabitants, either de factor or legally. When your partner is in debt, the judicial officer will legally only be able to confiscate his belongings. In practice, however, the judicial officer assumes that all items at the home address are the debtor’s belongings. So, there is a chance that your belongings will also be confiscated. When this happens, you must file a claim for recovery as soon as possible. That is why we recommend that you draw up a clear inventory of everyone’s personal items and common items in advance. You must also have this inventory registered by a notary or judicial officer.

5.2   De facto cohabitants

Your partner fully owns his own income and is also responsible for his personal debts. You are not liable for this. If you, as de facto cohabitants, purchased something together and thereby uncured debts, those debts can be recovered from both of you.

5.3   Legal cohabitants

In principle, you share the costs and burdens of your cohabitation. This is likely to happen in proportion to everyone’s income. After all, every partner remains the full owner of his own income and also responsible for his personal debts. You are therefore not liable for the debts of your partner. However, there are two exceptions to that rule, namely family debts and tax debts.

When your partner incurs family debts or joint debts, you are jointly liable for those specific debts. These are debts incurred in the context of the education of the (step) children or the household. Debt that you co-signed are also included in the joint debts. This is the case with a guarantee (see above), but can also be the case when you book an expensive trip together.

When legally cohabiting, you must file a joint tax return. This means that you are in any case liable for the tax debts of your partner. This means that the tax authorities can collect overdue tax from your partner.

6. In a relationship, but different home address

If you incur debt with your partner, you are jointly liable for those specific debts. For example, consider an expensive joint trip. However, you are not liable for your partner’s personal debts.

In short, it is very important to find out if your partner is in debt or is facing a huge amount of debts. After all, depending on the way of cohabitation and your prenuptial agreement, the creditor can also claim your joint property. Sometimes even your personal assets can be affected. Not sure where to start? Check out our tips for avoiding and noticing financial problems.