What Is Considered As Common Debt?

I would like to first discuss an important principle that governs the rights and obligations within a marital relationship: the principle of equal rights and obligations. This principle establishes a framework for understanding shared marital debts and the corresponding shared marital property. It emphasizes that debts incurred for the purpose of maintaining the marital household or engaging in joint production and business activities should be jointly borne by both spouses, without division of shares.

Shared marital debts, by definition, refer to the debts incurred by one or both spouses during the existence of their marriage. These debts are primarily intended to support the shared life of the couple or contribute to their joint production and business endeavors. It is crucial to note that regardless of the specific regime governing the couple’s property, such as an agreed-upon common property system or a statutory common property system, any debts incurred for the joint living of the spouses are presumed to be shared debts. This presumption remains intact regardless of whether the debts were incurred jointly or acknowledged by the other spouse.

However, it is important to distinguish between shared marital debts and debts that are not related to joint living. Debts incurred for purposes other than the joint living of the spouses fall into this category. If such debts are mutually agreed upon in advance or subsequently acknowledged by both parties, they too should be jointly repaid.

To determine whether a debt qualifies as a shared marital debt, we must consider two fundamental characteristics. Firstly, the debt must arise during the period of the marital relationship, encompassing the time from the day of marriage until the point of divorce. However, it is worth noting that debts incurred for the purpose of joint living, even before the marriage, should be treated as shared marital debts. Secondly, the debt must be used for joint living or joint production and business activities. This includes debts incurred to fulfill support and maintenance obligations. When these conditions are met, it becomes evident that debts incurred in the name of one or both spouses should be considered shared debts.

In order to confirm the nature of shared marital debts, we adhere to the principle of “shared debt, shared agreement.” This principle acknowledges that debts should be considered shared marital debts when both spouses express a joint intention to assume responsibility for them. This can occur through two scenarios: when both spouses jointly sign an agreement or when one spouse acknowledges the debt afterwards.

Examples of shared debt would include: tuition fees for children, rent, food, mortgage and utility bills. Examples of individual debt would include: gambling and prostitution fees, drugs, alcohol and cigarettes that are consumed only by one party.

In conclusion, the principle of equal rights and obligations guides us in understanding shared marital debts and their relationship to shared marital property. It emphasizes that debts incurred for the purpose of joint living or joint production and business activities should be borne jointly by both spouses.