WE ARE MARRIED IN COMMUNITY OF PROPERTY. DOES MY PARTNER NEED TO APPLY FOR DEBT COUNSELLING?
If you are married in community of property, both you and your partner have to apply for debt counselling and undergo the process as a couple or single entity. When married in this way, you are legally classified as one single joint estate. Because of this, all assets and debts are considered as joint or shared by both parties. You both remain responsible for the repayment of the debt and you will both remain under the debt review process.
It is important to take note of the fact that until both people involved have signed the debt counselling application form, neither one is not valid under the debt review process. A partner, who does not sign the application form, cannot be included in the debt counselling process by default.
When people get married in community of property, they are in a sense marrying each other’s finances. It is essential that couples discuss their financial situations in detail before getting married, fully understanding and well aware of what exactly they are marrying into.
So, does my partner need to apply for debt counselling? In short, if you are married in community of property both you and your partner need to apply for debt counselling.