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Old 01.04.2021, 18:25
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debt in a divorce

A friend is in a situation where she and her husband are separating pending a divorce. Money is tight, neither has significant incomes. There is a 'debt' in the form of pending payments for their joint tax bill, plus he has run up separate debts on personal contracts.

The question is to what extent is she liable for the tax debt (presumably 50%, or is it just the debt on 'her' part of the tax bill ?) and for his debts (presumably 0% )?

"Ask a lawyer" doesn't really work here as she can't really afford to..
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Old 01.04.2021, 18:29
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Re: debt in a divorce

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A friend is in a situation where she and her husband are separating pending a divorce. Money is tight, neither has significant incomes. There is a 'debt' in the form of pending payments for their joint tax bill, plus he has run up separate debts on personal contracts.

The question is to what extent is she liable for the tax debt (presumably 50%, or is it just the debt on 'her' part of the tax bill ?) and for his debts (presumably 0% )?

"Ask a lawyer" doesn't really work here as she can't really afford to..
I believe jointly & severally liable for the tax debt as filing together. It depends on the marriage contract, I suspect she also has a liability on debts insured during marriage in the same way as pension assets are split.
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Old 01.04.2021, 18:31
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Re: debt in a divorce

Taxes 50%, his personal debts 0%.

Tom
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Old 01.04.2021, 18:58
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Re: debt in a divorce

"In principle, the wife or husband is only liable for their own debts and with their or all of their assets, unless the spouse agreed to the obligation or it was about expenses for daily needs."

https://www.ch.ch/de/guterstand/#:~:...artnerin%20bzw.

Edit: This is the default rule if there is no marriage contract. See the link for the three different scenarios.

Last edited by komsomolez; 01.04.2021 at 19:24.
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