This document outlines the legal obligations and responsibilities of spouses and partners in France, particularly regarding mutual assistance, household debts, and financial management.
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[...] Moreover, she has been violent towards him on several occasions. In addition, the credit institution is demanding payment of the monthly installments for the car and the social security organizations are requiring him to pay the social charges related to Fabienne's professional activity, which she has not paid for two years. Jérôme comes to see you: for now he does not want to question his couple because he thinks that Fabienne is going through a crisis and will become herself again For now, he would like Fabienne to leave the house so that he can live in peace with his children, not have to pay his debts and receive from her enough to live decently with his children; he would also like to force Fabienne's friend to return the Rolex . [...]
[...] These debts are qualified as 'household' debts as soon as they have been incurred to meet the needs of the household and the family. The jurisprudence has extended the notion of household debt. First, the Court of Cassation indicated that household solidarity applies regardless of whether the debt is contractual or extracontractual (Cass. 1st Civ June 1989). It then held that there was no need to distinguish between whether the household maintenance is current or future to engage solidarity (Cass. [...]
[...] In addition, Fabienne has, in her own right, her own resources as well as her earnings and salaries. The purchase of the Rolex could therefore not be questioned. Thus, regardless of the mode of conjugalité, Jérôme will not be able to recover the Rolex. [...]
[...] Excluded from solidarity are debts that are manifestly excessive and, since May purchases on credit and loans, except if the latter do not concern modest sums necessary for everyday life needs. The legal regime of solidarity between partners being similar to that of spouses, it is possible to reason by analogy. Solution : The characterization of household debt is debatable. Regardless, in the case of a purchase on credit, solidarity is excluded. Jerome will not have to pay the monthly installments of the loan. [...]
[...] The debt is qualified as household when it is for the maintenance of the household or the education of the children. Household solidarity is not absolute. Article 220, paragraph 3 excludes solidarity for purchases made by one spouse without the other's agreement. Solution : Fabienne bought a 4x4 mainly for her leisure activities. This does not appear to constitute a household debt as it is not for the maintenance of the household. However, the purchase of the car could be considered a household debt if it is used for the needs of the family. [...]
