Construction loan - Ex-partner does not pay his share

  • Erstellt am 2020-08-03 12:07:26

Grillhendl

2020-08-03 12:07:26
  • #1
Hello,

today I would like to ask for your help with something completely different:

My partner has a construction loan with his ex-wife through [Schwäbisch Hall]. This was originally specified at 60,000 euros (remaining amount of the joint construction project).

Object: two-family house, upon the divorce he received one residential unit and she received one residential unit.

In the meantime, the divorce took place and it was notarized that both are responsible for half of this loan each (he 30,000 and she 30,000), since both are registered as borrowers.
Now he has paid in 15,000 euros and not a cent has come from the ex-wife. She also refuses to make contact.

How would you proceed?

My suggestion was: somehow split the loan with [Schwäbisch Hall] between two people, so that each is basically responsible for their part....

or: simply continue to pay up to 30,000 and then stop payments?

Or?
 

cschiko

2020-08-03 12:19:17
  • #2
To what extent has Schwäbisch Hall been involved there? If not at all so far, I would assume that if the payment is stopped after €30,000, she will then approach a partner.

However, the question is whether he will pay the previous installment? And how exactly has the two-family house been divided?

Basically, one can probably only advise clarifying this directly with Schwäbisch Hall or initially with a lawyer.
 

Pinky0301

2020-08-03 12:25:58
  • #3
I don't think the bank cares about what was decided in the divorce. The loan agreement is in both names. If one doesn't pay, the bank will simply get the money from the other.
 

Grillhendl

2020-08-03 12:26:04
  • #4
My partner built the house with his ex-wife at the time.

There are two separate apartments. The upper floor (his share) is rented out to the parents-in-law. The ground floor (her share) is currently officially occupied by her with the adult children.

I don’t know if SchwäbischHall played a role before (that was before my time).

Problem: since the separation, she has incurred further debts and does not want/will/can’t pay them off. (All of this was notarized). He is currently deducting these debts from the maintenance payments.

I fear that even after his final 30,000 euros, she still won’t pay and the bank will then come back to him...
 

Grillhendl

2020-08-03 12:29:05
  • #5
I have that fear too. But if it was notarized, I could claim my money through a lawyer, right? Because if I can't access it at all, then I wouldn't need a notarized contract...
 

Pinky0301

2020-08-03 12:33:17
  • #6
I think (but I am not a lawyer) that in the worst case you have to pay the money to the bank and can then reclaim it from the woman in court (based on the divorce agreement). However, it may be that there is nothing to recover from the woman, since you mention debts. I would consult a lawyer.
 

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