Is My Partner Responsible For My Debt?
The world is undergoing a rapid revolution. It has also affected a person’s life, especially, married life. When it comes to a connubial life, a person does not only marry his/her partner but he/she also ties the knot to his/her money. This can adversely affect the married life and can even lead to very disastrous aftermaths like divorce and husband-wife relationship problems. This piece will highlight certain aspects which make a person question himself that is my partner really involved in pooling up some of the financial problems for me?
There can be several types of business partnership. One is a legal partnership in which the share and responsibility of the partners is defined. In this type of partnership if one partner decides to leave or dies, the business partner will be responsible to pay any debts that remain outstanding of the partner who dies. If a partner owes debts before he or she leaves the partnership, they have to clear their liabilities. If there is no formal and legal agreement among business partners, and a partner passes away, the business partner will not be responsible for any personal debts collected by the other partner. This scenario generally happens in family businesses. As there is no agreement, the business partner cannot be held responsible for personal debts of a partner. Yes, the partner will be responsible for business debts. A business partner cannot be held responsible for a partner’s debt unless he or she has signed any debt as a guarantor.
If, one spouse co-signs any credit agreements issued in the name of other spouse, or if one spouse contracts a debt on the behalf of other spouse, and with the consent of other, he, or she is responsible for these debts if the other spouse fails to pay.
Any debt that is owed by a person before entering into a marriage remains a personal debt. For example a debt taken to pay college education or to setup a business, buy a car, home, etc. The spouse will not be held responsible for any such debt. In case the person passes away, the debts will be settled by settlement of the estate.
If two people are living together they are not responsible for each others individual debts. Any partner cannot access the other’s account or be held responsible for the other’s debts. Such settlements are only made when a person’s estate is settled. If there are any children born through such a relationship, both parents have to bear financial responsibility for the child.
If two people live together and open a joint account or acquire debts jointly, the surviving partner can be held responsible to pay off debts, in case the partner passes away. A partner cannot be made responsible for individual debts.
Avoid extravagant expenditures, this goes for both the husband and wife. Try limiting your expenses as much as the pocket allows you. Overburdening yourself with credit card expenditures etc. might lead to problems for both of the better halves.
Therefore it’s important in any partnership, business or individual to cover the payment of debts in a proper legal document. In a marriage or living together arrangement, proper wills should be drawn up by both the partners.
You may consult with a professional to get debt advice and his opinions to make financial decisions of your life.
May 26, 2010 | Posted by Edwood Woodward
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