What to do if your ex-husband does not pay for the loan

Is it possible to get a loan without the spouse's consent?

Today, current legislation does not require a borrower to obtain consent for a loan from their spouse. However, in specific cases, the bank may still include it in the package of documents required to conclude a loan agreement in order to avoid future problems. For example, when taking out a mortgage on real estate. If we are talking about a regular consumer loan, the consent of other family members is not required in this case.

Is a loan considered jointly acquired property in 2022?

When dividing property during divorce proceedings, you do not automatically assume a part of your spouse's debts as you do with an inheritance. The procedure for recognizing obligations to a bank as joint is strictly individual and, in the event of a divorce, is considered by courts on a case-by-case basis in accordance with the Civil Code of the Russian Federation regulating disputes between legal entities and individuals. A loan is very likely to be recognized as jointly acquired in the following situations:

• when the spouses took out a loan together and bear joint and several liability, meaning they are the borrower and co-borrower;
• if the loan was issued to one spouse, but with the consent of the other;
• if the second spouse assumed surety obligations.

However, a regular consumer loan taken out without the written consent of the husband/wife is considered personal (especially when the loan is untargeted and it is impossible to track what the borrowed funds were spent on). This also applies to any credit cards and microloans.

It is also worth mentioning loans whose funds were spent on family needs—property acquired during marriage, housing improvements, etc. Such debts will always be recognized as joint by a court decision, and therefore the ex-wife will not be able to avoid responsibility to the bank.

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What are the risks for a wife if her former spouse fails to pay a loan?

According to Article 45 of the Family Code of the Russian Federation, only the debtor's property is subject to foreclosure, even if the loan was taken out during the marriage. However, if the borrower has no property as such or the money from its sale is insufficient to fulfill the obligation to the bank, the court may look at property acquired during the marriage.

It is worth noting that in practice such cases are considered extremely rarely. First, the creditor must apply to court to allocate a share to the debtor and then proceed with its sale (which may also drag on due to the low liquidity of joint property). Second, bailiffs cannot foreclose on absolutely all of the debtor's property. Thus, by law, the following property cannot be seized:

• sole housing;
• personal items;
• equipment and machinery intended for work;
• agricultural buildings;
• livestock;
• items intended for health maintenance.

Is a loan inherited after a former husband's death?

Whether a wife bears responsibility for a loan after the death of her ex-husband directly depends on the details of the loan itself. Thus, the debt will need to be paid in the following cases:

• if the spouse acted as a co-borrower or guarantor for this loan;
• the loan was taken out during the marriage and spent on family needs;
• the wife knew about the loan and consented to taking it out during the marriage;
• the loan insurance does not fully cover the debt in the event of the borrower's death, but only a part of it.

However, in situations where the loan was issued after or before the dissolution of the marriage, or when the loan was spent on the borrower's personal interests, the ex-wife will not have to pay it off.

Answering frequently asked questions

At the end of the article, we will answer the most common questions about a wife's liability for her ex-husband's loans.

Does a wife bear responsibility if she is a co-borrower on a loan?

A co-borrower always bears joint and several liability to the creditor on an equal footing with the primary borrower. Therefore, if the ex-spouse suddenly stops making payments or simply allows arrears, the wife will be held accountable. At the same time, the agreement may provide for various ratios of debt obligations to the bank for the borrower and each co-borrower—they can make loan payments equally or in shares.

How to find out if loans are registered in the husband's name

There is no official way to find out if loans and microloans are registered in the husband's name. Under the law on personal data protection and internal rules, credit institutions do not have the right to disclose such information to third parties, even if they are related.

How to protect yourself from your husband's debts

First of all, in order not to be responsible for your ex-husband's debts, never agree to become a guarantor or co-borrower (unless it is a mortgage for the purchase of an apartment, house, or land plot, since when concluding such an agreement you automatically become a co-borrower). In addition, avoid large loans for any joint expenses, because if the borrower fails to fulfill their obligations, you will most likely end up paying them off. And in order not to lose jointly acquired property when recovering debts from your ex-husband, it is wiser to draw up a prenuptial agreement with a lawyer.

What to do if debt collectors are bothering a husband's ex-wife over unpaid loans?

If you are not a guarantor or co-borrower, all demands from collection agencies can be considered illegal. That is, they have no right to demand that you repay the debt belonging to your ex-husband. In case of illegal actions by collection agencies, we advise you to immediately contact law enforcement agencies and the Federal Bailiff Service to hold them legally accountable.

Can the debt pass to other relatives?

Unless such a clause is stipulated in the loan agreement, obligations to the creditor cannot be transferred to children, parents, or other close relatives.

When your ex-husband refuses to pay the loan, you are not obligated to make payments for him at the first letter from the bank. Such demands from the creditor have no legal force unless explicitly supported by an agreement or a court decision. The lender has the right to demand repayment of the spouse's debt through the courts, in which case you can provide evidence (if any) that the husband did not tell you about the loan or present documents confirming the spending of funds on his personal needs. And if collection agencies demand money from you without any legal grounds, you can safely contact law enforcement agencies regarding their illegal actions.