Nothing prevents you from taking out a loan in your name if you are married. However, your matrimonial regime can have an impact.
Question from H., Thursday, January 5, 2023
I am a husband, can I borrow without Madame being a co-borrower?
Hello,
Whether it is a consumer credit to pay for a car or a trip or a mortgage to buy a home, it is quite possible to borrow alone even if you are married.
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While the answer is simple in theory, the reality is slightly more complex. Because even if the loan is taken out in the name of only one spouse, the property will not necessarily return to you by right in the event of divorce. It really all depends your matrimonial property regime and the origin of the funds.
Indeed, at the time of saying yes, the spouses can choose to establish a marriage contract, in order to organize their patrimonial relations. If they do not, they will by default be subject to the legal regime of the community reduced to acquits. As reminded The worldnearly 8 out of 10 couples decide not to go to the notary when putting on the ring.
If you are husbands without a contract
This is the most common diet. In the case of a marriage without a contract, the spouses fall in fact into the regime of the community reduced to acquests. This means that the assets are acquired in common and therefore shared in the same way in the event of divorce. It is worth remembering, however, that in this situation, your income, and therefore your salary, are considered common property belonging to the couple, as noted on the site service-public.fr.
Difficult therefore, to borrow alone with money that belongs to both lice. Nevertheless, it is possible to buy alone, especially if the financing of the property comes mainly from the money you had before your marriage. But, in the context of a real estate purchase, for example, you must specify in the deed of sale that the property belongs to you and that you have financed it more than 50% with personal savings.
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Borrow alone under the separation of property regime
This is probably the simplest scheme for anyone who wants to borrow alone. In this case, the two lice do not share anything. Article 1536 of the Civil Code provides that under the regime of separation of property, the two spouses remain owners of their respective property acquired before and during the marriage. Clearly, if you are the only signatory of an act, you are the only person involved. Within this framework, debts are subject to the same regime and remain strictly personal.
And the solidarity between lice in all of this?
L’article 220 of the Civil Code provides that each of the spouses has power to enter into contracts alone which have as their object the maintenance of the household or the education of the children: any debt thus contracted by one obliges the other jointly and severally. This would mean that the debt of one spouse must be reimbursed by the other in the event of default.
However, the same article explains that solidarity does not take place if the loans have not been concluded with the consent of both spousesnor for loans unless the latter relate to modest sums necessary for the needs of everyday life and that the cumulative amount of these sums, in the event of several loans, is not manifestly excessive having regard to the standard of living of the household.