Can bailiffs seize a wife's car for her husband's debts?

If the husband took out a loan without his wife's consent

Art. 253 of the Civil Code of the Russian Federation indicates that spouses are obliged to dispose of joint property in agreement with each other. At the same time, the law does not indicate the direct need to ask permission for certain actions. The wife's official consent to receive a consumer loan is not required. The exception is mortgage loans in which two parties act as co-borrowers.

In practice, a woman does not have to worry about the fact that she actually has to pay off someone else’s debt. However, sometimes banks can make claims against the spouse. These are the reasons:

After the husband puts his signature on the agreement, the loan becomes his personal responsibility. It will not be considered a family obligation if it is completely spent on the needs of the husband. However, if your spouse used the money he received to buy a car for the family or make renovations to the apartment, even without your consent, you will have to share this responsibility. Another unpleasant consequence occurs when a spouse evades responsibility or cannot pay the debt due to insolvency or health conditions. In this case, the wife will have to do this voluntarily or on the basis of a writ of execution.
Another option is that the couple decides to divorce, but the loan remains unrepaid. In such a situation, the court determines whether it is a personal debt or a general one.
If the spouse took out a loan without consent and then died without having time to pay the debt, according to the law, after accepting the inheritance, the woman fulfills the obligations. You can get rid of such liability by writing an official waiver of the property.

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Member of the Russian State Duma Committee on Non-Bank Credit Institutions. Has been involved in bankruptcy proceedings since 2015.

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If a woman does not officially work and does not have the financial ability to return her husband’s money, the bank cannot forcibly collect it from her.

Can bailiffs seize a wife's car for her husband's debts?

But this is only if the debtor is ready to repay the debt in installments. When a borrower comes to the bank and says that he will not be able to repay the debt, there is no need to mention that transactions with property protection (donation, purchase and sale, rental) have previously been made (or are being made).

Can bailiffs describe a wife's car for her husband's debts?

Legislative framework Who is responsible for credit obligations during marriage How the purposes for which the loan was taken are determined How responsibility for debts in a civil marriage is determined How to protect personal property from collections on the spouse’s loans What is the result Expert - Stanislav Menkov, head of the credit risk group Credit .Club. As an example, I would like to cite an executive act sent by a judicial authority, which implies the seizure of a spouse’s property to pay off the accumulated debt of the other spouse.

Thus, the actions of the bailiff to seize a vehicle that will belong to the debtor under the right of common joint ownership are recognized as a legal measure to ensure the safety of the debtor’s property and do not contradict the requirements of the Federal Law “On Enforcement Proceedings”.

According to Article 69 of the Law on Enforcement Proceedings, foreclosure on the debtor’s property, including funds in rubles and foreign currency, is applied in the amount of the debt, that is, in the amount necessary to fulfill the requirements contained in the executive document, taking into account the collection of expenses for the commission of enforcement actions and the enforcement fee imposed by the bailiff in the process of executing the enforcement document.

2. Based on paragraph 1, the bailiffs will be able to seize or even seize the car, BUT REMEMBER - collection can only occur within the framework of the debt. The cost of the car may be higher than the amount of the debt, so they will not be able to physically collect it. IN ADDITION, for the obligations of one of the spouses, recovery can only be applied to the property of this spouse. THAT IS, SPOUSES DO NOT HAVE THE RIGHT TO ARREST THE CAR - ARTICLE 45 OF THE FAMILY CODE OF THE RF.

A wife's car was seized for her husband's debts. Can bailiffs describe property for the debts of her husband/wife/children Question Answer Is the wife responsible for her husband's debts? No, it does not; seizure can be imposed on the debtor’s property. However, items acquired jointly may be confiscated.

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In what cases will your spouse have to pay your debts?

Judicial practice provides grounds for such a transfer of responsibility. The main reason is that the money was spent on family needs. This could be buying property for children or renovating an apartment. In such a situation, the spouses will pay equally. If one of the parties becomes insolvent, the debt passes to the other person. In this case, there must be evidence in the form of a bankruptcy procedure, certificates about loss of work, deterioration in health, or the appearance of a disabled dependent in the family.

All debts of the deceased spouse pass to the wife after entering into inheritance rights. The period for receiving property is six months. If a woman renounces her right, she will be relieved of her obligations.

Liability cannot be avoided if the loan was issued by common agreement and the parties are co-borrowers. With this option, they will pay equally or in parts that were determined by the contract.

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Joint property

If the property was not divided before the arrest, the former spouse can also file a claim to recognize it as personal property or allocate a share in the jointly acquired property. This can be done in the same manner that applies to the current spouse (see above in the article).

Property division

As a general rule, the property of spouses is joint. This applies to things acquired during marriage, accumulated money and other property. In accordance with the law, the income of spouses during a registered marriage is considered common, therefore everything acquired with them becomes joint. This matrimonial property regime continues until the spouses enter into a prenuptial agreement or property division agreement. After its conclusion, the property may become personal.

Car enthusiasts are usually interested in the question of whether bailiffs have the right to seize a domestic or foreign car for debts. Car owners need to know that if there is a large debt, the vehicle will be seized.

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What gives them this right, the most common reasons

One of the options for searching for property is mobile pickets together with the traffic police. During such raids, cars of non-payers of alimony, loans, and fines are identified, seized, and sent for safekeeping. Bailiffs are empowered to conduct search activities, so raids are organized legally.

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Can bailiffs seize a car for debts?

It should be understood that a car being seized by the bailiffs is a formality. In this case, the vehicle may remain with the debtor. You can drive the car, sell it, donate it as a gift, but you cannot transfer it to another owner. You can seize a car without the presence of the owner. For the procedure, you will need a tow truck that can lift the car and two witnesses. The car is allowed to be taken to the impound lot without keys and documents.

Seizure of property is the deprivation of material assets of a suspected or accused person. The law also provides for the opportunity to dispose of property or use it for one’s own purposes. An arrest is imposed during a trial if representatives of the law have sufficient grounds.

Do bailiffs have the right to seize a wife’s property for her husband’s debts and vice versa (husband for his wife’s debts)

The bailiffs cannot describe the wife’s property for the husband’s debt only in one case – if it belongs to the husband/wife personally. Such things include objects the ownership of which arose as a result of a gift or inheritance, or which were acquired before marriage. Proof of this fact is a deed of gift, an inheritance document, a check or a purchase agreement, where the date is earlier than the date of marriage. In this case, the bailiffs will not be able to seize the wife’s property (as well as seize the husband’s property in a similar situation when the debtor is the wife).

What joint property is not subject to seizure by bailiffs (list and explanations)

Bailiffs take up work if they have received a writ of execution - a court order to collect a certain amount from the debtor. The collector can be the bank from which the defendant took out the loan, a private individual who gave him money against a receipt, the tax service or a co-founder of the business.

Dear readers of our site! Our articles talk about typical ways to resolve legal issues, but each case is unique.

To avoid problems, there is no need to violate laws regarding enforcement proceedings. In addition, in problematic situations, you should also contact lawyers who will tell you how to act so that there are no charges of evasion and further prosecution of the person with additional recovery of property.

Debt collection under a writ of execution

According to the general rule of family law, only property owned directly by the debtor can be seized for debts. Accordingly, the RF IC in Article 45 establishes that the spouse will not be liable to the bailiffs with her own property in the event that her husband’s debts are discovered.

Debt for housing and utility payments.
Failure to pay child support.
Bank loan debt.
Evasion of obligations to the fiscal service, non-payment of taxes.
Failure to pay for damage caused by the debtor.
Failure to fulfill obligations to an individual, despite signing an agreement.
The car is pawned and no payments have been made.
Debt for traffic police fines.

What gives bailiffs the right to confiscate a car and what is an arrest?

The subtlety is that the sale or gift of a car can be considered fictitious and illegal - only for the purpose of hiding property from the bailiffs. To do this, the bailiff sues to recognize the transaction as fictitious, and then the car will be taken away from the buyer. And imagine if on your part and his part the sale was initially in good faith!

If a car is the only source of income

But there is a limitation - if you have even a slightly expensive car, then they can already take it away. According to the law, for the car to be inviolable against seizure by bailiffs, its value should not exceed 100 times the minimum wage. For 2021 it is just over 11 thousand rubles. Accordingly, if your car costs more than 1.1 million rubles, then they will be able to take it away from you for debts.

May 16, 2021 vektorurist 36

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