Beyond its romantic character, marriage constitutes a legal and financial commitment for both spouses.

Insofar as we unite for the best but also for the worst, we must thus be ready to have to assume the responsibility for certain not always judicious acts of our better half, and this, as long as the union does not is not broken by law.

At the top of the list, the debts contracted by one and which can fall on the other, and which quickly cause dissension.

Household or “extra” debts

Remember that marriage, like PACS, is based on a principle of financial solidarity.

Therefore, any so-called household debt must be paid by both spouses, in proportion to their income.

In the event of non-payment, the creditor may otherwise act against any of the spouses to claim the full amount, regardless of the matrimonial regime.

Fortunately, this precept has its limits, however.

We are only talking here about debts relating to the maintenance of the home or the education of children.

Similarly, this solidarity will not apply if the costs in question are manifestly excessive with regard to the resources of the couple and the usefulness of the expense.

This will be the case, for example, if one of the spouses or partners takes out a loan to afford a nice racing car and then fails to pay the bills.

Most often, the other spouse will nevertheless have to appeal to a judge to escape this solidarity.

Apart from debts related to everyday life, it is the couple's regime that will define the terms of sharing.

In the context of a separation of property (regime by default of the PACS but which must be the subject of a contract for a marriage), only the debtor spouse is liable for the debts he contracts.

In the event of non-payment, the creditor cannot therefore turn against his other half.

On the other hand, the community regime (by default for marriage) engages the responsibility of both members of the couple.

Tax solidarity

The common tax system, which applies to spouses and PACS partners, also goes hand in hand with tax solidarity.

Regardless of your matrimonial regime, the tax authorities can then claim the full amount of the unpaid tax from one or other of the members of the couple.

And we are talking here not only about local taxes such as property and housing tax, but also about income tax!

Our "MARRIAGE" file

Attention, this solidarity applies until the pronunciation of the divorce or the dissolution of the Pacs.

In other words, you may be liable for your spouse's or partner's taxes even if you are going through a divorce.

If you are in this situation, you must request a solidarity discharge from the tax authorities, in order to suspend this common obligation.

However, if one of the two has moved in the meantime and your separate residences have been formalized, you will each be taxed separately.


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