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How does divorce work with debt?

Frequently asked questions about other

Information about divorce with debt

As a married couple, you and your partner have taken out a personal loan or revolving credit together. Your situation is about to change in connection with a divorce. What happens to the current loan?

Options:

  • As was the case before the divorce, you jointly meet your monthly payment obligation. With all the associated risks. Both partners remain jointly and severally liable for the loan. Even if the agreement is properly included in the divorce agreement. Suppose you comply with the payment obligation, but your ex-partner does not; you still remain jointly and severally liable for the loan.

  • You split the loan and each take over part of the loan, if your individual financial situation permits and the bank accepts this.

  • You pay off the loan, if possible, so that you are debt-free. Are you paying off your share and your partner not? Then, even in this case, you remain jointly responsible for the outstanding part of the loan

In case of a revolving credit , you must pay extra attention that one of the partners can continue to withdraw amounts, if you cannot jointly reach an arrangement regarding the current credit.

Jointly and severally liable

You are both jointly and severally liable during the entire term for the personal loan or revolving credit taken out. Will either of you take over the blame after the divorce? Then the other partner must indicate in writing to the lender that he or she is no longer jointly and severally liable for the current loan. It is important that the bank agrees to this by registering a new agreement in one name. Are you not doing this? Then the loan will remain in both your name and you will both remain jointly and severally liable and you will have to make an arrangement for the monthly payment obligation together.

Married in community of goods

If you are married in community of property or have a registered partnership, you are each liable for the entire amount of the loan. This is regulated by law in the event of divorce.

Married under a prenuptial agreement

If you are married under a prenuptial agreement, those conditions include the degree of liability of both partners. In case of divorce, this division of liability applies.

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