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To determine who shall assume the debt in a married or not, it is necessary to distinguish the obligation debt of the contribution to the debt.

The obligation debt

We must determine what assets will be seized by creditors of one or other of the couple.

* Marriage
For spouses married under the statutory scheme (community property), the principle is that each spouse incurs a debt also commits its own assets, common property. The only limit on earnings and wages of the debtor’s spouse. They escape to the creditors of the latter, except for household debt, secured debts of both spouses even committed by one. And yet, for it is only for an amount equivalent to about one month’s salary of the spouse for the rest is regarded as savings and fell under the yoke of creditors.
However, for debts incurred by one spouse before marriage or during marriage by way of a loan or security for personal needs, the creditor can only take private property and the income of the debtor spouse but neither own or common property remaining. Where consent of the other spouse, the creditor may also take the entire community property, only private property is still spared.

* The PACS
PACS partners are jointly held together (each can be sued for the entire debt) debt incurred by one of them to the needs of everyday life and for expenditure on the common housing.
The treatment of assets acquired during the PACS is set to either the Pact by the act of purchase, or by applying the rules of ownership. Thus, the debt will be borne by one or the other spouse or both, but the extent of the amount invested by each.

* Cohabitation
Each partner supports its own assets and debts contracted personally and even everyday expenses incurred in the interest of the couple.

The contribution to debt

This is ultimately determined that one or the other couples would bear the burden.

* Marriage
Are supported by only one spouse has debts he incurred for the acquisition, improvement or preservation of a property that is clean, those born before the marriage, those who were born during the marriage, originate a conviction because of a criminal offense or a tort.
All other liabilities shall be borne by the community, that is to say the couple on the common property, unless it is shown to have been contracted in the interest of a spouse.
If the community has paid such costs, a reward (that is to say the payment of compensation) it will be due at the time of dissolution of marriage. Conversely, if a spouse has paid a debt with the help of private property, then it was incumbent on the community, it will reward him.

* The PACS
The secured debts are borne equally by both partners. For other debts, they are borne personally by the partner who is debtor or debtor should have been.

* Cohabitation
Here the contribution to the debt obligation to join the debt, each of the couple ultimately personally supporting the debt of its own.