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Wife liable for husband's legal damages


mrsblack

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A friend has a husband who can get angry with officialdom. She is worried what would happen if he hit an official. Apart from a criminal case , could the victim take a civil case for damages and could the wife also be liable to pay up if the husband hadn't enough cash. They have a"normal" UK type marriage agreement. Thanks.
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I don't know, but I know that husband and wife are jointly responsible for household debts, but I doubt that this comes under that...

Les dettes ménagères engagent mari et femme. Cependant l'obligation des

époux au paiement des dettes diffère selon l'origine de celles-ci et le

régime matrimonial du couple.

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A moot point surely ?

If the husband didn't have the personal resources to pay a fine or compensation etc. it doesn't go away and could be levied against his assets which would include those held jointly, even up to the family home, so in that sense the wife can never be immune from the financial consequences of his actions.

Better for him to control his temper or seek counselling if he can't, hitting someone may provide momentary gratification but very rarely solves anything !

If there is a specific issue which is is driving him to such action perhaps if you said what it was somebody might be able to help you deal with it and take away the frustration ?

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Totally agree with AnOther - rather than worry about what if, it would be better to focus on preventing it from happening.

If the official is a fonctionnaire, anyone assaulting a fonctionnaire who is performing his/her duty on behalf of the French Government would presumably be prosecuted by the State not the fonctionnaire as a private individual, so you can guess what the judgment will be and the State doesn't give you the option of leaving debts unpaid.
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If they have a joint bank account the debtor could go to the huissier  and get a court order to take the money. Or seize and sell possessions.

If separate, possibly could do the same to either person, not sure about that though.

This has happened to a couple we know here who got into a lot of debt, including fines, one for assault.

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Thanks NormanH, Another. EuroTrash and Patf . I have been out with my friend tonight to talk it through personally without the husband being around. I have passed on your advice and she has agreed to talk to him about it. Basically she is looking at a worst case scenario and needs reassurance. The issue is a long abandoned chemin rural which the commune has decided to tidy and they are afraid that as the boundaries have no fences that their shrubs etc might get cut down . The cost of a geometry is beyond them and the cadastral plan shows a very wide track which is not a realistic representation of a fenced part of it which is narrower. So she goes straight to the catastrophe of all their money going . She has half in her own name but worries that might not be enough. Thanks again all of you . I have told her the cost of trees plants etc is not worth it and a real disaster would be a health issue.
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Put it the other way - is a husband liable for wifes liabilities. Pretty obvious in both cases really.

Your explanation of the real problem shows that there is a marital problem there if she doesn't want to discuss with the OH.

Best not to get too involved - they need professional advice.

Would think that upgrading/maintaining a track would be something to be grateful for. If they were both aware of the track beforehand them there is not really a problem unless they are being devious and trying to get their garden contiguous.

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