Loan and loan: when is the consent of your spouse required?

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Over the past few years, intercyza has become increasingly popular in Poland – over 50,000 such contracts have been signed in 2017! Although this is a large number, it only accounts for 25% of all marriages. Therefore, it cannot be concluded that this is the preferred form, and therefore most Poles must take into account the fact that in the event of financial problems, they will be equally responsible for the spouse’s debts. The question then arises whether the consent of the spouse is needed for a loan or credit?

Online loan only by yourself

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All standard payday loans and installment loans not only do not require the spouse’s consent to incur an obligation, but can also be granted to only one person. However, those who would like to increase their chances of positive consideration of the application do not have to worry. The borrower’s creditworthiness also includes the income of the husband or wife and such a question can be expected in the application.

Your spouse’s consent is also not required if the loan is of a high amount and the loan period is extremely long for a loan company. Even if we decide on a USD 20,000 loan (available from Wonga and one of the highest non-bank loans), this can be considered as financing day-to-day everyday affairs or satisfying the usual needs of the family. According to the law, each of the spouses may decide on their own.

What’s more, loans from a non-bank company will not usually be taken by people who have a joint account with their wife or husband. The basic criterion for proper identity verification is the use of your own individual bank account.

Car loan – an exception among non-bank products

Car loan - an exception among non-bank products

An exception to the non-bank rule of individual borrowing may be financing at Jaijai, which allows you to get cash in exchange for establishing a transfer of ownership on your car. With this loan, the consent of the spouse is required if the amount of the liability is more than USD 10,000 (the maximum amount is USD 50,000). In this case, if the spouse does not agree to the loan, this will not be granted to him.

A commitment in Moto-loan is not a typical, fully online loan without formalities. First of all, it requires a personal meeting with the lender’s representative, signing the contract and establishing security on the vehicle. Similarly, in the case of a bank loan – a car loan, against the pledge or surety, will always require the consent of the spouse, regardless of the amount for which the commitment was granted.

A bank loan without a wife or husband

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A similar assumption as that of loan companies is also made by banking institutions which, with ordinary consumer credit, at a relatively low amount, will not require the consent of their spouse. However, the lack of consent to the loan is related to the fact that only the earnings of the main borrower will be taken into account when examining the applicant’s creditworthiness. The amount of credit granted without the consent of your spouse usually does not exceed the amount of several thousand zlotys, but this is a matter determined individually by the bank.

The situation is different in the case of mortgage loans, which will be a liability for up to 30 years. If the spouses do not have property separation, the consent of the other party is necessary and necessary – it is not possible to grant such a loan to only one person, even if the amount of his earnings allows him.

Lack of consent does not imply a lack of liability

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If the spouses have joint property and do not have an intercourse signed, the law provides that all decisions regarding everyday life and finances are made jointly, with the consent of the other party, even if only one spouse is included in the loan or credit agreement. If the liability is not repaid, each of the spouses will be liable for the debt equally and when the bailiff is enforced, the law allows the execution also from joint property, even more so when the money from loans and credits was used to satisfy family expenses – bills, trips , children’s items, home appliances.

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