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Answer for Spouse under Debt Review, Owes Me a Monthly Instalment

Hi there, 

Thank you for your question. 

When, like in your case, you are married out of community of property both parties does not have to go under debt review. But I would advise that both parties’ income is included in the repayment of debt. If there are debts which both signed for, and are therefore both responsible for, then both will have to apply for debt review. No account may be excluded. 

But in your specific case, if there was no specific signed agreement between both parties for the money he borrowed from you, then it will have to be excluded from the debt review. Because you are co-inhabitants and married the court will find it difficult to understand why money should go back into the household if there are credit providers that requires payment. 

Hope this information was helpful.