Debt forgiveness and wage imposition of both spouses

Act on Bankruptcy allows individuals to solve their bankruptcy by debt forgiveness. It is very practical in case of married couples to file a motion for debt forgiveness by both spouses in the married couple because their property is for the most part in the estate by the entirety.

The obligations of one spouse usually also represent the obligations of the second spouse (in the couple) and therefore the aim of debt forgiveness consists in debt forgiveness of both, respectively debt forgiveness of their estate by the entirety. However, if the motion is filed only by one spouse, the second spouse must also undersign this motion and must explicitly state that he agrees with permission to the debt forgiveness. The second spouse hereby agrees that the debt forgiveness may affect the property in the estate by the entirety. Whereas paid wages of both spouses constitute also a part of the estate by the entirety, the wage of the second spouse may be imposed through the debt forgiveness approved by the court. If both spouses work at the same employer, this employer is usually according to the decision of the court obliged to perform deductions from wages of both spouses.