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Kanzlei Verbracken & Partner
Personal insolvency and spouses: liability and joint assets
High debts often affect the whole family’s planning. A spouse’s liability depends on contracts, the matrimonial property regime and personal commitments. Marriage alone does not automatically turn personal debts into joint debts.
Personal debts and joint agreements
Under Germany’s statutory accrued-gains regime, marriage alone does not combine the spouses’ assets. Check who entered each loan or obligation, including signatures, powers of attorney and statutory liability. Other property regimes and cross-border marriages may require additional assessment.
Joint borrowing and guarantees
With joint and several liability, a creditor can generally claim the full outstanding obligation from either debtor. One person’s discharge generally leaves claims against co-debtors and guarantors intact. Planning must therefore consider both people and potential recourse claims.
Assess property and household together
For jointly owned property, record ownership shares, secured rights and personal loan liability separately. Maintenance duties and household budgets also matter. Full protection of the family home or a partner’s income cannot be assumed without assessment.
Prepare for the first consultation
Gather joint loan agreements, guarantees, property records and marital agreements. Mark debts belonging to one person only. Avoid hurried transfers within the family. For debts over EUR 80,000, a workable plan should also explain the impact on the spouse outside the proceedings.
Sources and legal foundations
Sources checked: 14 September 2026
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