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Does intercision protect my spouse from debts and claims?

As a nation, we are falling into increasing debt – privately and as a state. Many Poles, in addition to mortgages and car purchases, decide on credit cards or payday loans to finance their home budget, often with the “somehow it will be” idea. The same happens often with single or larger companies.

Not every business must be a hit, on the contrary, it can lead the owner into sky-high debts. Are you wondering how to protect yourself from your spouse’s mistakes? Or maybe you run your own business and prefer to protect your family from possible failure?

Many readers who write to me often admit that they keep their debts a secret from family and loved ones. Many people do not realize that one day they will learn about the necessity of paying off the debts of their spouse or parents. Is intercession a simple tool to prevent getting dear to someone in financial trouble?

Does intercession protect against claims after a marriage breakup?

Does intercession protect against claims after a marriage breakup?

It is a contract concluded between spouses or persons wishing to enter into a marriage introducing a marriage system different from the Property Act. Entering into marriage with your spouse create community assets, which includes:

    • remuneration for work and income from other gainful activities of each of the spouses,

    • income from the joint and personal property of each of the spouses,

    • funds on an open or employee pension fund account,

    • amount of contributions on the pension sub-account.

Of course, each of the spouses also has personal property, which belongs only to him and does not form part of the property community, this is primarily:

    • property acquired before marriage,

    • assets acquired through inheritance, registration or a donation,

    • property obtained from compensation for bodily or health damage but excluding a pension,

    • copyright and related rights, industrial property rights and other rights of the creator,

    • items acquired from personal property, unless the law provides otherwise.

We divide the Enterprise, i.e. the property contract into four types:

    • contract excluding property community – most often used, it completely delimits the property of spouses, resulting in the fact that their shared budget does not exist.

    • agreement extending the community of property – extends the scope of things included in the joint property. It allows, for example, to bring personal assets into a shared pool.

    • an agreement restricting property community – Exclusion from the property community of some parts of the Act.

    • agreement restoring statutory community – Restores the statutory property community of spouses.

Of course, such a contract must be approved by a notary public by a notarial deed. The cost of such a visit may be up to USD 400 + VAT, if you sign it before marriage or if you do it after marriage, the cost varies between USD 100 and USD 10,000. USD depending on the size of the joint property of the spouses.

What does intercession protect against?

Good Finance allows you to protect yourself or your spouse from erroneous financial decisions. This applies to the agreement excluding the property community and restricting the property community. In such a case, the claim is claimed from the personal property of the indebted person and not from the common budget.

A prerequisite for such a solution is the signing of the intercity prior to entering into a commitment or debt. Remember that the law does not work retroactively, as ignorance of the law does not evade you from its consequences.

Good Finance also gives the opportunity to independently decide on the property, e.g. purchase of the real estate, investments or loans. Thanks to intercourse you will also avoid an unnecessary fight for the division of property in the event of divorce.

When does intercission not protect?

When does intercision not protect?

Unfortunately, Good Finance does not provide property security in a few significant cases:

    • If the contract excluding or restricting joint property is signed after the liability arises, then the receivable is enforced from the joint property,

    • If the spouse did not inform the contractor about the intercourse, then the receivable is also enforced from the property of the spouses,

    • If your spouse is guilty of unpaid business taxes, e.g. VAT, excise duties, income tax, excluding inheritance or donation, but only if you co-run a company or perform commissioned activities, and you also get material benefits.

Pros and cons of intercision

Each contract has its pros and cons, which is why it is so important to analyze the specific situation of each pair. In one case, Good Finance will be a great solution to avoid many problems, in another, it will be associated only with unnecessary costs and difficulties. I will now present to you the pros and cons of having intercision.

  • Pros of Intercision:
    • The ability to independently decide on your assets, e.g. purchase of the real estate, investment or credit,
    • Protection of the other spouse against most debts,
    • Avoids an unnecessary dispute over the division of property in the event of divorce.
  • Disadvantages of intercision:
    • No possibility of joint settlement of income taxes,
    • Good Finance will not always protect your spouse from indebtedness,
    • The obligation to inform the contracting party each time about property separation, otherwise the Good Finance loses its force in this particular case,
    • Reduced creditworthiness.

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