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Spouse under Debt Review, Owes Me a Monthly Instalment

Questions & AnswersCategory: Debt ReviewSpouse under Debt Review, Owes Me a Monthly Instalment
Anonymous asked 3 years ago

Good day,

My spouse wants to apply for under debt review because his expenses exceed his income on a monthly basis.

The problem is that since we got married my spouse borrowed money from me and there are certain monthly expenses that we share 50/50.

We have a prenuptial agreement so we’re married out of community of property – we each have and will keep our own assets and liabilities should the marriage dissolve.

I would like to know if the monthly expenses that my spouse has to pay to me will be taken into account and will I get 100% of the amount I’m due while my spouse is under debt review?

 

1 Answers
Matthys Potgieter Staff answered 3 years ago

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.