Does my wife have to apply for debt counselling if we are married in community of property ?
Debt counselling or Debt review is a legal solution devised to assist over indebted consumers get a handle on their finances without necessarily writing off huge swathes of consumer debt. The national credit regulator was given the powers to enforce the national credit law that became effective in 2007.
How Being Married in Community of Property Affects Your Decision To Enter Debt Counselling
If you are married in community of property it means that both husband and wife share their estate and its obligations equally, meaning that even though the husband may have taken out a loan, the wife is equally responsible for it’s repayment. Your marriage’s legal situation thus has a big impact on your specific debt review arrangements.
Where a person is married in community of property, both partners will have to apply for debt review and proceed through the process together. The debt review process cannot proceed where only one member of the couple has agreed to advance with the process. Both husband and wife will remain responsible to service their debt until both parties agree to enter into the process. Where a couple is married in community of property and only one person agrees to enter debt counselling, the marriage partner cannot be brought into the process automatically.
Over indebted consumers married in community of property need to speak to each other frankly about the benefits of entering the debt review process. It bears repeating that couples marrying in community of property are not only marrying each other, they are legally pooling their finances and future financial situations whether they be good or bad.
Debt-911 will assist your to navigate your way through debt Review when married in community of property.
Debt-911 counsellors will guide and assist it’s clients through each step in the process including representation in court if required.
If you find yourself thinking about how you are going to service your monthly debt commitments, whether or not you are married in community of property, simply call us, SMS Help to 40935 or fill out the form alongside and one of our trained debt counsellors will call you to assess your personal situation and give you free advice.