Receiving a letter from a bailiff or a reminder for a debt that you never contracted yourself is a situation which often gives rise to incomprehension. However, when a couple is married, in a civil partnership or has lived together for several years, the boundaries between personal finances and those of the household can seem blurred. Many French people therefore do not know in which cases a creditor is authorized to demand payment from the other member of the couple.
The answer depends on several criteria: the nature of the debt, the status of the couple, the existence of a marriage contract or even the status of co-borrower. Some debts remain strictly personal, even after several years of living together. Others, on the contrary, allow the creditor to turn against the spouse who never signed the contract. Consumer credit, professional debt, daily expenses or taxes: the rules vary greatly depending on the situation.
Is the spouse automatically responsible for their partner’s debts?
No. “ The spouse of a person in debt is not automatically responsible for repaying their debt because each person remains personally responsible for their debts, which applies to married couples, civil partners or cohabiting couples.recalls Maître Anne-Claire Moser, lawyer. A personal loan signed alone, a professional debt or a bank overdraft therefore remain, in principle, the responsibility of the person who contracted them.
The Court of Cassation recalled this rule in a judgment of May 21, 2025. The judges refused to allow a wife to be required to repay a professional debt of nearly 450,000 euros contracted by her husband. Having made no personal commitment, she could not be ordered to pay this sum. “ If your spouse signed a loan alone or if he goes into debt, he is personally responsible for it and personal property is protected, whatever the matrimonial regime”specifies Maître Anne-Claire Moser.
What debts bind both spouses?
Article 220 of the Civil Code establishes solidarity for expenses necessary for daily household life. Rent, energy bills, school fees, child-related expenses or purchases essential to daily life may be claimed indifferently from one or the other spouse. “All so-called household debts, that is to say everything relating to everyday life, bind the spouses jointly: the creditor can therefore demand payment from one or the other”underlines the lawyer. This solidarity constitutes one of the main protections granted to household creditors.
In which cases does solidarity not apply?
The law provides for several limits. An expense considered excessive with regard to the lifestyle of the household can escape solidarity. “If the amount is excessive, as opposed to a modest expense necessary for the needs of everyday life, solidarity breaks down”explains Maître Anne-Claire Moser. THE credits also constitute an important exception. “No solidarity either when the debt concerns a loan and for all purchases on credit, whatever the amount”recalls the lawyer. Thus, a consumer loan signed by a single spouse does not generally bind the other, unless they themselves signed the contract or acted as guarantor.
Does the marriage contract change the situation?
Yes, but only within certain limits. Below the regime of the community reduced to acquisitionswhich applies automatically in the absence of a marriage contract, the property acquired during the union is common. Creditors can then, in certain cases, seize property belonging to the community.
With a separation of property contract, each spouse retains their personal assets. The risks of seeing one’s assets exposed to the other’s debts are therefore more limited. However, this does not call into question the solidarity provided for household expenses or tax debts.
Are PACS partners and cohabiting couples affected?
The situation is different. Partners linked by a PACS are jointly responsible for debts contracted for the needs of everyday life, in accordance with article 515-4 of the Civil Code. Cohabitees benefit from greater protection. In principle, everyone remains solely responsible for their commitments. A creditor can only claim payment from the other partner if he has signed the contract, acted as guarantor or appears as a co-borrower.
Are taxes a special case?
Yes, and this is often the most overlooked point. “Whatever the matrimonial regime, the spouses are jointly and severally responsible of payment of taxes whatever they are »underlines the lawyer. Income tax, tax deductions or tax debts arising during the marriage can be claimed from each spouse. This solidarity can produce effects even after a separation. “ In the event of separation, the administration will be able to claim the total amount of the debt with everyone even if there is a distortion between everyone’s income”specifies the lawyer. This is one of the reasons why specialists recommend promptly reporting any change in family situation to the tax authorities.
What should you do if a creditor demands a debt from you that you dispute?
The first step is to ask all supporting documents to establish your commitment. “It will be necessary to demonstrate that we are not liable for the debt, which requires us to produce documents which alone will be capable of constituting proof », explains Maître Anne-Claire Moser. Bank statements, contracts, invoices, exchanges of letters or tax documents can help demonstrate that an expense was incurred for strictly personal interest. The lawyer cites in particular the case of a client who was able to prove that the expenses financed by her partner did not correspond to the needs of the household but to her personal interests. The documents she had kept played a decisive role in the proceedings. Above all, when a significant debt is at stake, the assistance of a lawyer can make it possible to verify whether the solidarity invoked by the creditor is really founded or not.
