Consequences of a spouse’s agreement to the guarantee taken out by his/her spouse
When a person, married under the common property scheme, gets a loan with a collateral for his business, only his/her own property and income will guarantee the loan. But if his/her spouse gives his/her express consent to the guarantee (banks very often ask for it), for example, by writing and signing in the deed the phrase “good for consent to the above commitments”, the joint property of the couple will then be committed and can therefore serve as a collateral in case of failure to repay the loan maturities. However, the spouse’s individual property is protected.
Copyright Les Echos Publishing – 2023