
Question 83: During a marriage, if one of the spouses borrows money from one or more third parties and the money is used by such spouse for personal needs that the other spouse is unaware of or even if the other spouse knows about the debt owed, when dividing the common properties, will be the debt owed by the spouses? What if the spouse is not aware that the other spouse has a loan? Or what if a spouse who borrows the money can prove that he or she has used the loan to serve basic needs of the family or buy real estate under the names of the spouses?
Where the spouse borrowed money from a third party and used that money for personal purposes and the other spouse was unaware of the loan and its use, when resolving the division of common properties during the marriage period, the Court shall determine that this is a private debt of the spouse who has borrowed…