matrimonial regime

If you are legally married, you might ask yourself the following question: Can I borrow money on my own after marriage? First of all, remember that the answer is affirmative… You can subscribe to a loan alone in order to carry out your project which is close to your heart.

However, marriage involves a series of obligations that the spouses ignore or neglect. If you borrow money, will your partner be jointly and severally liable for your loan?

In the context of marriage, if a personal loan leads to unmanageable debt, even if you are not a co-borrower, the whole couple can suffer the consequences. It depends on the matrimonial regime you choose and the conditions you add to it.

Married under what type of contract?

When you decide to get married, you have to choose between 2 different regimes: separation of property or community of property.

Separation of property:

It means that everyone is responsible for their property. We keep our independence! In case of debt, there is no compulsory solidarity between the spouses.

The advantage of this scheme is that it can protect your spouse in difficult situations. (for example, if you are a company director and want to protect him in the event of bankruptcy).

Under the separation of property regime, everything is simple: if you are the sole signatory of the deed, you are the sole owner.

Community of goods:

Everything is shared. Salaries, savings, goods purchased, credit, etc. Be aware that if you are married in community of property, this type of contract presents certain risks. Indeed, given your status, you are jointly and severally liable for each other. That is to say, you will enjoy the advantages enjoyed by your partner, but also the disadvantages!

So, if you do not have a marriage contract attesting to the separation of property, it is unfortunately impossible to take out a loan alone.

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Married without a prenup and the loan alone

If you are married without a marriage contract, you cannot take out a personal loan alone

If you got married without a marriage contract, you are, by default, under the community regime. Therefore, the affixing of a signature by each of the spouses to the credit agreement is mandatory and constitutes a condition for acceptance of the agreement. Otherwise, the loan agreement will not be validated and your attempt to borrow alone will be unsuccessful.

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Marriage under the contract of participation in acquests

This type of matrimonial contract is the mixture of the regime of separation of property with that of community of property.

During the marriage, the husband and the wife are under a regime of separation of property, they can therefore separately make a mortgage and make a real estate purchase.

On the other hand, in the event of separation, all married couples are subject to obligations similar to the regime of community of property. In this case, any personal contribution during the marriage and the loans are pooled.

And when the divorce is consummated, your spouse enjoys half of your income even though you are richer than him or her.

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