Chamber of Lawyers of the RDV of Agriculture Brittany: commitments of the married couple

Getting married, pacs or cohabiting soon? Maybe in 2023? If you are a farm manager under individual status and your spouse works outside the farm: what happens when you contract a professional debt?

However, 2023 is just getting started with an important event on the horizon. Not yours installation in agriculture since you already are individual chief operating officerbut maybe yours wedding, PACS or the decision to live concubinage.

But yours the husband does not work on the farm. Is he or she required to answer for yours professional agricultural debts Possible?

“It depends on the choice you make” between the three possibilities mentioned above, explains Véronique Hamon, lawyer at the Chamber of Agriculture of Brittany. And as a result of “various personal motivations” such as “family, children, taxes, inheritance rules, profession (entrepreneur or employee)”. Farmer being a “dangerous profession”, “financial commitments – for example a loan for the land – and consequently debts, contracted by one of the members of the couple. can pledge another’s property “.

cohabiting, civil partnership or married in the property division regime : “Only you are responsible for debts on your personal assets. Creditors will only be able to seize the personal property of the person they are dealing with, not that of his or her spouse, unless he or she is a co-borrower or guarantor. »

MCame under the regime of legal community reduced to acutes (the rule is automatically applied in the absence of a notarized contract): “although not mandatory, the lender will generally require a loan, even a professional one, the signature of the spouse as an additional guarantee, more often as a co-borrower, especially after the purchases made during marriage become joint property.
There are 3 cases:

  • loan signed only by one of the spouses : “His property, property acquired before marriage or received by donation or inheritance and his income will serve as collateral. »
  • loan signed only by one of the spouses, with the consent of his/her spouse : “The assets and common property of the borrower will serve as collateral. The inheritance of the spouse who accepts the loan is not committed. »
  • loan signed by both spouses: “They will then each take on the quality of the borrower and their assets will be used in their entirety as collateral. »

And for agricultural societies ?

The three situations mentioned above apply to the guarantee by a married principal under the common law regime. When the loan is granted by the company, with the signature of the partners as managers, in case of its financial difficulties, the latter can be called to guarantee as a guarantee, to pay the loans in their personal funds. »

Final tips: don’t wait for financial problems, a divorce, or a death to learn about possible ways to get together, and don’t choose based on financial implications alone. “The protection of the spouse in the social plane and in case of death is equally important! “, warns the specialist.

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