Even if a mortgage is contracted by one borrower, when he or she is married, the bank will most likely require him / her to give consent to sign a loan agreement from the spouse. When and if you can get a loan or loan at all without the consent of your husband or wife?
Consent only for high loans
Usually the spouse’s consent is required by the lending institution when the client applies for a loan in a high amount, including a mortgage that will be repaid over many years. The consent must be given with the matrimonial property, which is automatically set up with the conclusion of a civil marriage in Poland.
Credits and loans without the consent of the spouse
In the vast majority, if not all loan offers of payday loans, i.e. loans granted by non-bank companies, each borrows them individually, and the consent of the wife and husband is not required at all. The same applies to loans and borrowings:
- related to activities in current matters of everyday life,
- related to activities aimed at satisfying the ordinary needs of the family,
- related to activities undertaken as part of a gainful activity.
You can also take a loan at the bank without the consent of your spouse. Moreover, such an agreement may apply even if it is signed against the wife’s or husband’s will, but it is connected with the necessity of incurring certain legal consequences.
When the bank does not require the consent of the spouse for a loan, it takes into account only the creditworthiness of the main borrower when signing the loan agreement. He will demand the presentation of a certificate of earnings and employment only for the spouse who is actually seeking a loan, and the financial situation of the other spouse will not be subject to any analysis. If the borrower ceases to repay the loan and arrears arise, the bank and the bailiff in the enforcement proceedings will not have the right to seize property belonging to the spouse who did not take out the loan at all.
Without permission for the separation of matrimonial property
Signing by the spouses of a notarial agreement on property separation, i.e. intercranks, liquidates common property. Spouses collect assets separately from each other and so they can also incur financial liabilities on their individual account. Therefore, there is no need even when applying for a high mortgage, so that the spouse can express consent to sign a loan agreement. There is no need to sign documents.
Responsibility for credit obligations in marriage
By law, the matrimonial property regime is based on the joint property of the spouses. For example, if the husband decides to take out a loan obligation without the consent and knowledge of his wife, and between the marriage, the property regime is in force, then according to art. 41 of the Family and Guardianship Code, the bank, in the absence of repayment of loan installments, will be able to claim claims only from the personal property of the debtor, his remuneration for work, etc., and, for example, benefits obtained from property objects, copyright or creator’s rights.
If the consent for the loan is expressed by the spouse, in the case of the lack of repayment, the bank will be able to demand the satisfaction of its claims from the property of the joint spouses. To this property in accordance with art. 31 § 1 of the Trio include remuneration for the work of both spouses, income from other gainful activity of each spouse, income from joint and personal property of each spouse, etc.
You can take out a loan or a loan without the consent of your spouse, not only with the separation of property, but with ordinary matters of everyday life as well.