Legal Advice for Credit Problems

Questioner

Once (in 2010 already) my ex-partner and I took out a consumer loan, which expires mid-2020. This exceeded € 25,000. As of now, there is still an outstanding amount of approximately € 5,600, which is paid off monthly by both of us. This is included in a covenant. Now that I am in the process of applying for a mortgage, the mortgage provider's requirement has surfaced that the credit must be redeemed and deregistered. Because the credit was applied for in 2 names at the time, my ex-partner must be informed of this and cooperate. One option is to 'split' the credit and both take out a new loan - of € 2,800 - to redeem the outstanding balances. Then the credit of more than € 25,000 - will be at 0, and the BKR will 'only' list a loan of € 2,800 - I can still show that to a mortgage provider. My former partner does not want to cooperate. In this way, I am now being deprived of the opportunity to buy my own home.... Can my ex-partner be forced to cooperate in any way? Or is there only one other option left, namely to pay off the outstanding amount of €2,800 myself and then accept my loss?

Lawyer

If you are both jointly and severally liable for the repayment of the credit, then your ex must also repay his share. If you repay on his behalf, then you will have a claim on him that you can legally enforce. It is important that you inform your ex of this in writing.

Lawyer

Indeed, the agreement between you both to pay off monthly can be set aside in the new situation by reasonableness and fairness, you can borrow the entire amount and have a claim for recourse on your ex-partner. I advise you to make this known well in advance so that your ex-partner does not consider this as a gift.