Are Debts During Marriage Shared?
Marriage is an institution where two individuals are legally bound to each other, committing to living together and sharing responsibilities. However, financial responsibilities also play an important role in the marriage process. Many couples acquire both joint and personal debts during their marriage. So, are debts acquired in marriage really joint? In this article, we will examine in detail how debts in marriage are evaluated, which debts are joint, and in which cases personal debts are valid.
1. Legal Status of Debts in Marriage
According to the Turkish Civil Code, there are some general rules regarding the property regime and debts between married couples. However, not every debt may always be joint. Who will assume and who will be responsible for debts acquired in marriage varies depending on how the debt was acquired and under which property regime it is.
2. Effect of Property Regimes
Whether debts acquired in marriage will be joint or not may vary depending on the choice of property regime. There are three main property regimes in Turkey:
Participation in Acquired Property Regime (Default regime): Properties acquired during marriage are considered to be the joint property of both spouses. In this regime, if one of the spouses has taken out a loan and this debt has not been used to purchase property that will affect the economic interests of the marriage, the debt generally only concerns the person who made the loan. However, if the debt is related to expenses made for the marriage (such as buying a house), both spouses may share in the liability for the debt.
Separation of Property Regime: In this regime, each spouse’s assets are separate and the spouses are only responsible for their own personal debts. In other words, in the separation of property regime, debts acquired during the marriage are not shared, only the person who assumes the debt is responsible for this debt.
Shared Separation of Property Regime: This regime allows the spouses to have independent assets from each other, but it stipulates that the spouses have a certain share of the acquired property. In this case, the debts mostly bind the person who assumes the debt, but the debt may have an impact on the evaluations to be made on the acquired properties.
3. Personal Debts and Joint Debts
Debts incurred during marriage can be divided into two as personal debts and joint debts. This distinction is determined by the purpose for which the debt is incurred.
Personal Debts: Debts incurred for a spouse’s personal needs, hobbies or investments that belong only to him/her during the marriage are considered personal debts. These debts bind only the spouse who incurs the debt and the other spouse is not held responsible for this debt.
Joint Debts: Debts incurred for the union of the marriage (for example, using a loan to buy a house, borrowing for joint expenses) usually bind both spouses. Such debts are debts incurred for joint expenses or needs within the family and may be the responsibility of both spouses.
4. Receivables and Debts Made During Marriage
Many couples may incur various financial obligations such as credit card debts, loan debts and consumer loans during their marriage. Which spouse is responsible for these debts varies depending on the area in which the debts are used:
If a spouse has taken out a loan for family needs or has made a joint purchase of property, this debt usually binds both spouses.
However, debts taken out solely for personal needs (e.g. individual expenses, personal purchases) bind only that spouse.
5. Status of Debts in the Event of Divorce
In the event of divorce, debts taken out jointly may be the responsibility of both spouses. However, after the divorce decision, the assets and debts of each spouse begin to be separated. During this process, the division of debts or who will pay them is also an important legal question. During the division of property, these debts are taken into consideration and the payment obligations of the parties are determined.
6.
Whether debts acquired during marriage are joint or not varies depending on the purpose for which the debt was taken, the property regime under which it is held, and how the debt is used. While debts taken out for joint needs bind both spouses, debts taken out for personal needs are the responsibility of only the spouse who borrowed.
