In principle, once they reach majority, children are fully responsible for managing their finances and the debts they incur. This is why they must repay their outstanding debts themselves. However, in certain situations, their parents can settle their debts for them. For example, in the case where their adult child still lives at their home and does not have enough resources to meet his "useful and essential" expenses. Or when the parents have committed themselves as surety for the signing of a rental lease, a loan, etc.
In France, majority, also called civil majority, is set at 18 years. From this age, individuals are considered fully capable and responsible. The majority thus gives, for example, the right and the freedom to conclude contracts and to manage one's own resources. As a result, children over the age of 18 are considered responsible for their actions and actions, which they must therefore assume.
This is why an adult child who engages in financial matters is supposed to be the only one to have to repay his debts if he contracts any. His parents do not have to take charge of and settle his outstanding debts.
In the same way, an adult child who commits an offense such as an offence, a fine, etc., must himself assume the penalties incurred. For example, he must pay his own fines.
The only obligations to which parents are bound vis-à-vis their adult children, even, for example, if they have been deprived of their parental authority, are to ensure that the latter can eat, dress and lodge. This is called maintenance. A situation that very often arises today when adult children pursue long studies or when they do not have enough resources to leave their parents and find a personal roof.
If, once they reach adulthood, children who make a financial commitment are required to repay their own debts, there are however situations where their parents are also under the obligation to honor the debts contracted by their child over the age of 18. .
This is particularly the case when parents act as guarantors for their adult child. They are indeed committed to a contract that binds their child to a third party and they are also obliged to respect their commitment.
This situation is quite common, for example in terms of borrowing or renting accommodation. Very often, parents stand surety vis-à-vis the lessor of their adult child, that is to say that they undertake to pay the rent in place of their child if the latter can no longer meet his expenses. A guarantee most often requested by landlords.
As a surety, parents can be sued as a priority in order to settle their debts on behalf of their adult children. It all depends on whether the parents have made a commitment to the lessor as a simple or joint surety.
In the case of a single deposit , the landlord must first issue an order to pay through a bailiff to the indebted tenant adult child. Then, it is only if the latter does not honor his debts, in this case unpaid rent, that the lessor can turn to his parents who have stood surety. Note:the bailiff is also obliged to send the surety a copy of the order to pay sent to their child initially. If he does not do so, the parents who are surety are not required to pay any interest charged to the tenant for late payment of rental debts.
In case of solidarity guarantee parents of an adult child who can no longer pay his rent, the lessor is entitled to contact them directly so that they can settle the debts of their child in his place. This is why, when signing a rental lease in particular, it is important to clearly define how you can and want to commit to the debts of your adult children.
Still in terms of security and therefore liability in relation to debts contracted by adult children, it should be noted that it is possible for parents engaged in this way to terminate their engagement if it does not have a duration. specified at the start of the contract. Otherwise, they must wait until their bond ends.
Another case where the parents of an adult child are obliged to settle their debts for them:when the adult child is hospitalized and does not have the means to pay the costs incurred on this occasion. Public hospitals have the ability to turn to the relatives of the adult child concerned by the maintenance obligation. In case of disagreement of the latter, the public health establishments can even seize the judge so that they settle the debts of the adult child without resources or without enough income to pay the debts related to his hospitalization.
On the other hand, if your adult child who still lives with you has debts and is the subject of a seizure procedure, only his own property can be confiscated by a bailiff. In this case, take care beforehand to gather the supporting documents which prove that your personal property present in your home belongs to you.
