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EnglischBGB 1440 The marital property is not liable for a personal obligation of the spouse who does not manage the marital property that arises during the period of community of property as the result of a right that is part of the reserved property or the separate property or of the possession of a thing that belongs to such property . However , the marital property is liable if the right or the thing is part of a trade or business which the spouse operates independently with the consent of the other spouse , or if the obligation is part of the burdens of the separate property that are customarily paid from the income .