Spouses are not responsible for the debts of debtors

In the framework of bankruptcy procedures for individuals, creditors actively seek to achieve recognition of debt obligations common to the debtor and his spouse, which significantly increases the likelihood of meeting their financial requirements at the expense of all jointly acquired assets of the couple.

In its thematic review, the Supreme Court formulated a clear position on the qualification of marital obligations. According to this position, the obligations that have arisen as a result of the entrepreneurial activity of one of the spouses cannot be recognized as common. Similarly, obligations arising from sureties for a legal entity to which the debtor was a participant are not subject to recognition as general obligations.

In addition, the Supreme Court also pointed out that tax obligations arising as a result of the debtor’s entrepreneurial activity cannot be transferred to his spouse solely on the basis of the fact of marriage. This rule applies regardless of whether the business was conducted during the marriage or before its conclusion, since these obligations are strictly personal for the entrepreneur. Placing the tax burden on the debtor’s spouse would be contrary to the principles of individual entrepreneurial responsibility.

The legal position formulated by the Supreme Court is essential for protecting the property interests of debtors’ spouses in bankruptcy proceedings. The established criteria for distinguishing personal and general obligations make it possible to preserve the jointly acquired family property from collection of debts related to business activities, guarantees and tax payments. This approach ensures a balance between the interests of creditors and a bona fide spouse, excluding the unjustified bringing of the latter to responsibility for the partner’s personal debts.