Divorce & Credit Splitting: Your Legal Questions Answered


Questioner

I am divorced and I have a credit of 20,500 euros with my ex-wife and I would really like to split it, but she is not cooperating and I have been paying the loan myself for 4 years. I don't know what to do anymore and I'm thinking of just stopping paying so they might force her to pay. Can you help me with this?

Lawyer

You and your ex are both debtors for the entire debt. It does not matter to the creditor who pays. If you stop paying, the creditor can approach both of you for payment in one go of the entire amount of the debt. If in that case you are the party from whom the creditor can most easily recover the entire amount of the debt, you must count on the creditor not failing to do so. In short, you run a risk if you stop paying and you will then have to see for yourself whether you can collect the amount that your ex should actually have paid from your ex. Only if you can settle something with your ex (for example, alimony owed by you) or if you can recover something from your ex (seizure of goods or income) can it be worthwhile to take legal action against your ex so that she effectively pays her share of the debt.

Questioner

If I tell the bank that I will only pay my share in the future, won't they go to them for their share?

Lawyer

No, the bank is not obliged to do so. After all, from the bank's perspective, there is no question of a part of you and a part of your ex. There is 1 debt, for which the bank can knock on both of you and for the whole.

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