11
April 2025

Community Property and a Spouse’s Debts: What You Should Know?

Detail blogu img

The joint property of spouses (SJM) is an important legal concept that affects financial responsibility in marriage. Let's look at how SJM relates to a husband's debts and what impact it can have on both partners.

What is Included in SJM?

SJM is automatically created upon marriage and includes:

  • Property acquired during the marriage
  • Income of both spouses
  • Debts incurred during the marriage

Debts in SJM: Basic Rule

Generally, debts incurred during the marriage are part of SJM. This means that a creditor can satisfy their claim from the joint property, even if the debt was incurred by only one of the spouses.

Protection of the Non-Debtor Spouse

The law provides protection for the non-debtor spouse in the following cases:

  1. The debt was incurred against the will of the other spouse, who expressed their disagreement to the creditor without undue delay after learning of the debt.
  2. In the case of the spouse's obligation to pay alimony (typically, for example, for children from a previous marriage).
  3. If the debt arises from an unlawful act of only one of the spouses.
  4. If the debt was incurred by one of the spouses before the marriage.
In these cases, the joint property can only be affected up to the amount that would represent the debtor's share if the joint property were dissolved and settled.

How to Protect Yourself?

  1. Expressing Disagreement: If you disagree with your partner's debt, it is crucial to express your disagreement to the creditor without undue delay.
  2. Prenuptial Agreement: Allows you to adjust property relations before entering into marriage.
  3. Narrowing SJM: The possibility of adjusting SJM during the marriage.
  4. Separate Property Regime: Protects the property of each spouse.
Need Legal Help?

The issue of SJM and debts in marriage can be complex. Our law firm offers:

  • Consultations regarding SJM and debts
  • Assistance with preparing prenuptial agreements
  • Representation in disputes with creditors
  • Advice during executions

🔍 Want to know more? Take advantage of our efficient online consultation!

We offer a 25-minute online consultation starting at 1,200 CZK.
 
 1.     🗓️ Book your online consultation appointment directly here: Online Consultation
 
2.    📝 Request legal services through our contact form here: Contact Form

Protect your finances and ensure legal certainty in marriage. With us, you will have clarity on issues of joint property of spouses (SJM) and debts!