Husband gambles, borrows 500 million VND and then disappears, creditor comes to the house to demand

Ms. N.T. H (in Hanoi) asked: "I have been married for 20 years now. My husband is a construction contractor, earns money but is a gambling addict. Since getting married, most of the money he earns has been kept and poured into gambling.

Every time he took construction money, he stayed up all night by the gambling table. He often left home for a few days without saying anything to his wife and children. Even, there were times when he left for weeks. Saying it over and over again, my husband did not change, so I gave up. I ignored where he wanted to go, no matter how long it took, I didn't ask anymore, focusing on working and raising children.

To be honest, many times my family, even my children, advised me to leave my husband. Everyone said that living with such an irresponsible person is better to stay alone and raise children for free. But I still want my children to have a full family, so I have never thought about divorce. Fortunately, my husband, although gambling, only plays with his own money. He has never taken my money to play or do anything that affects the family.

For more than 2 months now, after getting the money for the construction project, he left home again. This is too familiar, so I don't care much. However, 1 week ago, a group of people came to my husband's house to find him. They said my husband had borrowed 500 million VND from them, promised to pay for 1 month but couldn't find it, so they came to the house to demand it. They gave me a handwritten and signed debt note.

I told them that my husband is currently not home, and I don't know where he went. I don't know anything about this loan, so I told them to go find my husband and demand it. I made it clear, whoever borrows, that person pays, I don't borrow, I have no obligation to this debt.

Hearing me say that, the debt collection group threatened that if I did not pay, they would not let my mother and me live in peace. They told me a 1-week deadline, if I did not pay the money my husband borrowed, they would confiscate the furniture in the house to offset the debt.

I am very scared and confused because these people look very reckless. I am just afraid that what they do will affect the lives of my children and me. Currently, I don't know how to handle it?

Lawyer asks, am I related to my husband's loan or not? Am I responsible for paying the debt for my husband's loan or not? I hope lawyers can advise.

Regarding the legal issue you asked, lawyer Duong Thu Hien - Thanh Lam Law Company Limited - advises as follows:

Article 27 of the Law on Marriage and Family stipulates the joint liability of husband and wife as follows:

“1. Husband and wife are jointly liable for transactions carried out by one party as prescribed in Clause 1, Article 30 or other transactions in accordance with the provisions on representation in Articles 24, 25 and 26 of this Law.

2. Husband and wife are jointly liable for the obligations specified in Article 37 of this Law. Accordingly, husband and wife are jointly liable for transactions carried out by one party to meet the essential needs of the family or other transactions represented and authorized between husband and wife.

Accordingly, husband and wife are jointly and severally responsible for general property obligations, including:

Obligations arising from transactions agreed upon by husband and wife, obligations to compensate for damages that husband and wife are jointly responsible for according to the provisions of law;

Obligations performed by husband or wife to meet the essential needs of the family;

Obligations arising from the occupation, use, and disposal of common property;

Obligations arising from the use of private property to maintain and develop common property or to generate the main source of income for the family;

The obligation to compensate for damages caused by children that, according to the provisions of the Civil Code, parents must compensate;

Other obligations under the provisions of relevant laws.

Comparing the above regulations, your husband borrowed money for personal consumption, not serving the common activities of the family, not falling into any of the above cases. You yourself also do not know anything about your husband's loan. Therefore, your husband is fully responsible personally for this loan, your husband must use his own property to pay the debt. You are not responsible for paying this loan of your husband.

The act of the debt collection group threatening that if they did not pay after 1 week, they would seize belongings in the house to deduct debt is a violation of the law. She has the right to request the police agency to intervene if this group of people commits the act of seizing belongings.

The above is the advice of the lawyer, hoping to help her remove her obstacles.