Loans between spouses are credit access solutions chosen by those who do not have the possibility to request money from banks and financial companies.
By using this method, the procedure can be speeded up considerably, as there is no need to present guarantees. Let’s see how they work and how the refund takes place.
Loans between husband and wife: what to know before applying for them
When talking about loans between spouses it is good to remember that it is not mandatory to return the sums, provided that certain conditions are respected.
Which exactly? The fact of allocating the sums to expenses for family life. In this way, the money loaned falls within the forms of sustenance which, on the basis of article 143 of the Civil Code, the spouses must insure the family according to their economic abilities.
In the event that a separation judgment occurs, a loan of this type does not include a repayment obligation.
Loan between husband and wife: private writing
In any case, when dealing with loans between spouses it is possible to draw up a private writing. If the loan has nothing to do with expenses for family life, this solution is highly recommended.
In this way, in fact, the agreements between the parties are black on white and there is a formal commitment to return in case of separation.
In order for the aforementioned private agreement to be regular, it is necessary that the person filling it out clarifies that it is a loan contract. The contract in question does not violate the duties of the spouses foreseen by the Civil Code and does not in any way influence a possible decision to separate.
Loan between spouses who split up: what the Cassation provided for in 2013
To get a complete picture of the loans between spouses, it is good to remember a sentence of the Court of Cassation that made jurisprudence. It is the 19304/2013.
This content confirms the validity of the foregoing, i.e. the fact that private writing is sufficient to formalize the contract.
The ruling also recalls that, regardless of the asset management regime, in the event of separation, the loans between husband and wife must be repaid, unless they are part of the expenses for family life.
This sentence overturns the indications of one of 2009, which contested the obligation to repay the loans between two married people since the transaction had taken place in the ‘ confidentiality of family life ‘.
Private writing: what it must contain
We conclude this short guide dedicated to loans between spouses referring to private writing. We remind you that the aforementioned document must contain the personal data of the parties involved, but not necessarily specific on the methods of reimbursement.
It is not mandatory to indicate whether it is an interest bearing loan or characterized by the application of a mild interest rate. However, it is very important to specify that it is an occasional loan and not a form of income.