How can I protect my family from bankruptcy and indebtedness caused by my gambling addict? We are already repaying 2 large loans taken out to pay off debts (unfortunately, I agreed to them, wanting to save the property from the bailiff). The house was sold and the money went into debt, the children repay another loan together. Unfortunately, our efforts do not help much, because my husband came back after 4 years of abstinence from drinking and we suspect that he is taking out more SMS loans, i.e. non-bank loans. How are we to save ourselves?
It is worth introducing property separation in this matter. Pursuant to Art. 53 of the Family and Guardianship Code, in the event of contractual separation of property, each spouse retains both the property acquired before the conclusion of the contract and the property acquired later. The property separation regime means that the spouses do not have joint property, and each of them has their own personal property, which they manage and dispose of themselves, i.e. without the participation of the other spouse.
If the property separation agreement was concluded during the period of statutory or contractual joint property, then the personal property of each spouse will include items purchased by each of them before the formation of this joint, items constituting the personal property of each spouse at the time the duration of joint property, one spouse's share in the property that has so far been jointly owned (Article 46), and property items acquired by each of them after the conclusion of the contract. The property that was jointly owned may be divided between the spouses (Art.46 of the Code of Civil Procedure in conjunction with Art.1037 of the Civil Code) and then the personal property of each of them will include - in place of shares in the joint property - property obtained as a result of its division. The spouses can also make settlements.
Establishing property separation between spouses does not exclude the application of the provisions governing marital property relations, irrespective of the spouses' property regime. If an object forming part of the joint property, seized on the basis of an enforcement order with an enforcement clause issued against the debtor's spouse, with liability limited to the propertythe joint, as a result of the termination of the property community and the division of the joint property as a result of a court decision, entered his property, the spouse may request the cancellation of the enforcement proceedings in relation to this item.
Legal basis: Family Code Act (Journal of Laws of 2014, item 121 as amended)
Remember that our expert's answer is informative and will not replace a visit to the doctor.
Przemysław GogojewiczIndependent legal expert specializing in medical matters.
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