Mortgage residual debt and liability - Free advice

Questioner

Good afternoon. I have a difficult problem. A mortgage residual debt has arisen for me and my ex-partner. This was initially approximately € 144,000 including additional costs etc. Due to payment problems, the bailiff garnished wages in 2013. During the first five or six months of the garnishment, the bailiff withheld a (much) too large portion and took too little account of an exempt amount. This was corrected after about 6 months, after which I submitted a somewhat lower net amount of garnished wages for another 24 months. During that period, I did not have a home, and therefore lived partly on the street and partly as a guest with friends, family and acquaintances. During that period, I deliberately did not enter into a debt relief process, because in this, albeit involuntary, way I could pay back as much as possible the fastest. After that, in consultation with this bailiff, I agreed on a payment arrangement, which is still ongoing. I requested an overview of the debt and did some calculations. In the past five years, of which the first 30 months were wage garnishment, I have paid approximately 55% of the total remaining debt. My ex-partner appears to have paid approximately 5%. I really understand that one person can pay more than the other, but isn't a ratio of 90-10 a bit too skewed? There can be no contact with her, but I suspect that she has been in a debt relief program. Now I know that there is joint and several liability, but perhaps something can also be said here about the principle of equality, the bank's responsibility, possible recovery from the ex-partner (although I would really like to avoid the latter, purely for human reasons). In short: Would it be possible and realistic to approach the bank (Bank A took over the mortgage from Bank S, which in turn took it over from company X) and stop the payment arrangement against final settlement as soon as the five-year period has completely passed (Feb 2019) or perhaps even earlier? JH

Lawyer

In principle, you have a so-called right of recourse against your ex-partner for the part that you paid too much, the part of the debt that you did not enter into in the relationship between the two of you. What that relationship is, is first determined by your cohabitation agreement or separation agreement, then by the law. The law states that in principle you are internally liable for equal parts, unless a different division is evident. If there has been a divorce and the debt has been included in the ruling, you can recover from your ex, maximum term 20 years. after ruling. But beware: you must interrupt possible short limitation. It is time that this is done.