Legal Assistance with Debts and Partnerships

Questioner

I have a question about debt and partnerships. I'm going through a divorce, and my ex is self-employed. He took out a business loan from the municipality in 2010. I signed for it, so I'm also his guarantor. I was supposed to ensure the personal payments went smoothly, which I did. He was supposed to ensure the debts were paid off, but that didn't work out. Now, the contract I signed states that we are partners, but we are not married and do not have a cohabitation agreement. We do own a home, and we are tax partners for tax purposes. To what extent are we PARTNERS and am I liable for his BUSINESS debt?? MVG

Questioner

You lived together, so you were considered partners. The fact that you owned a house together and are registered as partners with the tax authorities confirms this. Furthermore, you signed the agreement, which apparently states that you are partners. If you weren't, you would have committed forgery. But even if you weren't partners, you co-signed the contract, so there's a good chance the municipality will hold you to it, and I believe they're allowed to.

Questioner

Hello, Pff I'm really desperate right now. But the point here is that it's a business loan, and I'm not registered anywhere as a business loan... If I were to also neglect my private payments and thereby cause even more problems, then I would say 'okay', but that is not the case. That was also the agreement with the municipality (verbal) that I would take on the private responsibility and he would take on the business responsibility. As agreed with the municipality, I also registered with the Stadsbank, and my salary has always gone there. So in fact I did everything I could to make this go smoothly, he is the one who did not keep his agreements with the municipality and the city bank Could it also be that it is his responsibility because he failed to keep his agreements due to his inability/negligence? MVG

Questioner

I advise you to contact the municipality to discuss whether they will hold you to the guarantee. If they do, contact the legal aid office. They may be able to assist you further.