Debt responsibility

[nellyp]

Is a husband responsible for a loan taken out by his wife?

I am not in this situation, but my wife (no debt) tells me that if a wife defaults on her own loan, the husband is responsible; even though he may not even know about the loan.

This does interest me though, as my wife's family do have debts. Would the family be responsible for those loans, even if they are not co-signers or guarantors?

Cheers

[NongMalee]

I suppose much depends on the loan in question.

Where it was obtained ?

What was it obtained for,for example property which could be repossessed for non payment.

Was a guarantor used/needed.

I fail to see how some one else could be held responsible for repaying a loan in another name.

[Satcommlee]

Joint and Severable is the technical term... Yes you can be liable...

[CaptHaddock]

Joint and Severable is the technical term... Yes you can be liable...

That would be "jointly and severally" liability, i.e. each party has full responsibility.

[colinneil]

If you are married Amphur, you are each liable for any debts.

[Pib]

Same in most countries. If married, one spouse defaults on a loan in that spouse's name only (even if occurring before marriage), then the loan company can come after assets jointly owned with the other spouse...and when folks get married many of their assets usually end up getting co-mingled to a great degree like joint accounts, anything jointly owned, etc.

And as one website puts it:

Keep in mind that whether or not you’re legally responsible as for your spouse’s debt as an individual, things change when you get married. Unless you keep your finances completely separate, you’ll probably end up helping to pay off these debts simply because you care about your spouse.

[nellyp]

Ok so it is possible that a husband couls be responsible, and have joint assets used to pay a debt, but what if there are no assets? I conlude that you all believe that a man must pay the loan (or visa versa) on a partners debt you know nothing about.

Can anybody comment on a loan taken out by parents and the liability of the children?

I was asked another interesting question today. If you have no money to pay for hospital treatment, but have the treatment anyway, what do hospitals do in Thailand?

[Pib]

Assuming you are not covered by the 30 baht program/insurance I think you will find each hospital will limit the amount of care provided until you make payment and also hound you for any debts owed. Say a person needs a major operation or semi-expensive treatment and assuming it's not an emergency/a literally do it now situation, they would not do the operation/treatment until prepayment/they have assurance of payment.

Sure you hear stories of Thai hospitals getting stuck with unpaid bills from patients (like hospitals worldwide), but I expect on a percentage basis of all patients served it's a small percentage. Keep in mind hospitals are businesses too.

[nellyp]

Assuming you are not covered by the 30 baht program/insurance I think you will find each hospital will limit the amount of care provided until you make payment and also hound you for any debts owed. Say a person needs a major operation or semi-expensive treatment and assuming it's not an emergency/a literally do it now situation, they would not do the operation/treatment until prepayment/they have assurance of payment.

Sure you hear stories of Thai hospitals getting stuck with unpaid bills from patients (like hospitals worldwide), but I expect on a percentage basis of all patients served it's a small percentage. Keep in mind hospitals are businesses too.

This coinversation came up as a friend was telling a story about his sister who had an accident while on holiday in Thailand. She was in hospital for 3 days while they conducted tests, and the test they gave her included MRI tests and CAT scans. They asked for no money before the tests, but said she had to pay before leaving the hospital; hence the question

[Seizetheday]

The husband would not be liable for any debts, however, any joint assets could be liqudated to pay wifes debt.

No you can't put debt on children.

[wombat]

silly boy.....if you hadn't been here she wouldn't have taken out the loan so of course you are responsible for it,you are farang..........just saying.

[wabothai]

You should know Nelly that whether you are right or wrong as far as the law is concerned does not bear much validity.

When you are married you both are responsible for each other's malfunctions.

Or would you want to get yourself an "honest" lawyer to represent you in...... court.

[dotpoom]

"Would the family be responsible for those loans, even if they are not co-signers or guarantors?"

If they did not sign anything I cannot see how they are connected in any way to a loan (except in the case of a husband, and maybe wife).

[NoshowJones]

"Would the family be responsible for those loans, even if they are not co-signers or guarantors?"

If they did not sign anything I cannot see how they are connected in any way to a loan (except in the case of a husband, and maybe wife).

Another good reason for keeping your money in your own country, apart from some living expenses.

What you don't have, they cannot get.

[Monkeyrobot]

You will probably end up paying back one way or another so don't worry about it.

[RWA]

Assuming you are not covered by the 30 baht program/insurance I think you will find each hospital will limit the amount of care provided until you make payment and also hound you for any debts owed. Say a person needs a major operation or semi-expensive treatment and assuming it's not an emergency/a literally do it now situation, they would not do the operation/treatment until prepayment/they have assurance of payment.

Sure you hear stories of Thai hospitals getting stuck with unpaid bills from patients (like hospitals worldwide), but I expect on a percentage basis of all patients served it's a small percentage. Keep in mind hospitals are businesses too.

This coinversation came up as a friend was telling a story about his sister who had an accident while on holiday in Thailand. She was in hospital for 3 days while they conducted tests, and the test they gave her included MRI tests and CAT scans. They asked for no money before the tests, but said she had to pay before leaving the hospital; hence the question

happened to me ... I was semiconscious, drifting off and back in, didn't really cope what was going on around and with me. just wanted to sort of sleep it over ... they also did it all (X-ray, CT scan, MRI) and kept me on some expensive painkillers (and powerful sedatives) through the IV for 3 days.

After that when I was presented with the total (over 400.000THB) and asked for full detailed invoice.

There I found several items that I definitely didn't have got and a quite a few that I would have strongly refused if have been given any chance of choice.

I managed to slightly lower the total amount and could not believe they simply expected me to pull this amount of money from my pockets "right here and right now".

It was an accident, nothing was left in my pockets.

Even though they made me ready to leave, I must get back to the hospital bed and was told I can't be left to go unless and until the whole bill will be paid.

They told me to call friends, family, embassy or whoever else who will bring me money.

Well, there is nobody who would come to pay for me anything, the only chance was for me to leave the premises, go to the bank and rearrange some finances.

After another 3 days I was provided with a police escort - that I have been charged some 5.000THB extra for, to take me to the banks (3 banks to be precise) and back to the hospital, where I must wait for 2 more days till the transactions could be finalized and needed cash released.

Then I must pay for one more police escort and a another half day of a hospital bed (that I haven't seen in that day), bunch of Paracetamols (and other useless stuff) that I could NOT refuse and only then, when all this has been paid in full, I was allowed to leave.

It was Pattaya Bangkok Hospital some 7 years back.

[Pib]

I've read other ThaiVisa posts over the years where farangs wanted to leave the hospital before paying the bill in full and lets just say those posts made it clear the hospital was not just going to let them walk out the door based on good faith/a promise to pay.

[blackcab]

How can they stop you?

And what happens if you have no money?

Edited May 26, 2016 by blackcab

[Pib]

By simply saying you are leaving without paying your bill...they call the police if necessary. Then there are discussions on how your will arrange payment. And if you refuse but obviously now in good health due to the fine hospital care received the hospital can file charges and Mr Policeman and you an go visit the police station for further discussions. The hospital just don't let you walk out the door and write-off the bill just because you say you are broke

Edited May 26, 2016 by Pib

[blackcab]

File charges for what?

[HerbalEd]

I suppose much depends on the loan in question.

Where it was obtained ?

What was it obtained for,for example property which could be repossessed for non payment.

Was a guarantor used/needed.

I fail to see how some one else could be held responsible for repaying a loan in another name.

Thanks for your detailed and complete guesses.

[Pib]

File charges for what?

Repeat: leaving or attempting to leave without paying for a services/products received....it's a form of theft.

[SOTIRIOS]

...just more proof the myth is all wrong...

...the poor, suppressed, helpless.............men...

Edited May 26, 2016 by SOTIRIOS

[ableguy]

What if the wife acts as gurantor for say an auto loan to her kid though she does not work and has no income, i.e. Wife married to a farang who has a registered marriage and a decent pension. Will the husband be liable for default on payment ?

[puukao]

this marriage thing sounds great!!!!!

[callaway]

silly boy.....if you hadn't been here she wouldn't have taken out the loan so of course you are responsible for it,you are farang..........just saying.

Who is the "silly Boy?" Read the article properly and you will see "wife (no debt)". Good idea to read properly before slagging off some one and making yourself look foolish. Fools rush in where angels fear to tread comes to mind. Just saying.

[NongMalee]

I suppose much depends on the loan in question.

Where it was obtained ?

What was it obtained for,for example property which could be repossessed for non payment.

Was a guarantor used/needed.

I fail to see how some one else could be held responsible for repaying a loan in another name.

Thanks for your detailed and complete guesses.

That's ok could you point me to your informative post regarding the OP.

Oh wait there isn't one,all you've done is picked through the thread looking to slate someone.

Why don't you remove your head from your rectum and offer some insight

Mr R Sole.

Edited May 26, 2016 by NongMalee

[BlindMagician]

Your missus asks you about a hypothetical situation where a wife has a loan her husband does not know about, and you still are confident she doesn't have a loan? When will the alarm bells start ringing?

[falang khinok]

Eeehhh....how about if i marry in the temple only...my gf has plenty of debt and i married her in family ceremony and with the monk s...am i now legaly responsible for her debts.,????

[Straight8]

Hmm, your wife has no debt but decides to bring this topic up!! Could be nothing, but perhaps its a mighty red flag in disguise.

Another big reason why you don't marry in someone else backyard, or build up assets in joint holdings.

The risk to rewards are definitely not in your favor.

Oh I forgot, for some marriage is not optional, so adjust your strategies.