Debt genie

question

Posted by: F. Daniels | 2013-08-05 11:16

Am I liable for my husbands debt if we are married in community of property - and I didnt sign for it?

I am married in community of property and have no debt. I have just discovered that my husband has tons of debt ( that he incurred during our marriage without my knowledge ) and somebody has told me that I am partly liable for that debt now. Surely that cannot be true – I didn’t co-sign for any of the loans he took out. Please advise.

expert answer

Posted by: Moeshfieka Botha | 2013-08-05 12:37

 Good day,

Unfortunately, since you are married in community of property - his debt is viewed as YOUR debt too. You do not have to have had any knowledge of him incurring the debt, for you to be liable for it also. If he is struggling to pay the debt he can look as debt counseling as an option - but you will ALSO have to then go under debt review. This will mean that you will also no longer have access to any credit.

It is vitally important that people in a relationship have open, honest communication with regard to their debt and finances.

I hope this clarifies things for you.

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user comments

Posted by: Sean | 2013-08-12 11:16
If you are married ICOP and your wife dosent work and you get divorced then you , she is entitled to half your pension, assets and income. So it is fair that you are eligible for half his debt also. But on the other hand, smack his dumbass for making debt in the first place.
Reply to Sean
Posted by: Francois | 2013-08-10 21:15
Whats up with the "inverted comas" Andrew? You sitting at home looking for a fight on a Saturday night because you have to pay your wife's debt?
Reply to Francois
Posted by: Shez | 2013-08-10 11:17
Next time marry out of community of property.
Reply to Shez
Posted by: Andrew R | 2013-08-09 17:55
Actually it is not as simple as your "expert answer" makes out. The Matrimonial Property Act (1984), as amended, requires that the consent of one's spouse is required to "(f) enter, as a consumer, into a credit agreement to which the provisions of the National Credit Act, 2005 apply, as ‘consumer’ and ‘credit agreement’ are respectively defined in that Act, but this paragraph does not require the written consent of a spouse before incurring each successive charge under a credit facility" If such a credit agreement was entered into without your written permission, then depending on the precise circumstances either the contract in terms of which credit was provided may be voided; or an adjustment may be made in favor of the party who did not grant consent (in this case, the wife) on division of the joint estate. Andrew
Reply to Andrew R
Posted by: Thabo | 2013-08-08 08:28
Surely if you can share a bed with him, that means you are also liable for everything he incures while he is still with you, it is about time we understand the concept of ( ICOP), there you share everything including debt not only when you are financially viable. that is called marriage.
Reply to Thabo
Posted by: Anonymous | 2013-08-12 08:57
I still cannot understand that if people are married ICOP, why is it possible that a man can sign and a woman not counter-sign so that she is aware of debts incurred during the marriage. It is totally unfair that a woman should carry the burden of his financial abuse.

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