Construction loan - Ex-partner does not pay his share

2020-08-13 18:28:39

What I have been wondering all along:
There was an amount x outstanding. Now the partner of the OP has paid half. And the ex is supposed to pay the other half. But that doesn't add up, apparently he has been servicing the loan alone so far? How long has that been going on? One would have expected both to share the installments. Basically, he has contributed to the situation by tolerating her default for some time or covering her share.
That she now does not pay voluntarily could have been anticipated long ago.

I had the same thought, maybe the OP can clarify here? Otherwise, probably really a difficult situation, as long as both ex-partners are borrowers. The bank will try (and probably rightly so) to get it from the other borrower. What was legally regulated in the context of the separation before a notary probably plays no role in that regard.
The ex could, of course, take legal action and sue to get the money back. But if there is nothing to claim from her, it could happen that he is left with the amount and the court and lawyer fees. The ex-partner would then be one foot into personal bankruptcy anyway.

2020-08-13 18:35:10

Seriously, try to leave out this lawyer stuff. I’m telling you, 50k € in lawyer/court fees and then still losing is a bitter pill. Like I said, experienced it myself.

2020-08-13 19:05:26

The story always has two sides, but if you take the one presented here: I would look in the direction of how a) I can manage the 60k on my own to get the old woman out of my life & head. And b) how I can arrange it so that she gets as little as possible of it & the children don’t come off worse. I wouldn’t care about the parents-in-law at all. I would then discuss exactly that with my lawyer regarding the applicable legislation without aiming for any court proceedings. If the old woman ends up with a nice little plus, that can happen. The main thing is to be rid of her. Let the current guy with such a rotten character deal with her. As I said, all based on the story told here. The rest is just entertainment for us users here (what if, blah blah).

2020-08-13 19:05:56

Even if the children live there? Is Dad supposed to indirectly put them out on the street with that? The ex doesn't come off well here. She has "abandoned" the children (at least one is just barely not an adult yet), moved in with her boyfriend, signs contracts and thinks she doesn't have to stick to them. That's all pretty harsh, but I want to remind that we are hearing one side of the story here. That doesn't mean I doubt the stated facts, but if she tells her version, it will surely sound quite different. Selling the house while the children live there is certainly not a decision that promotes the relationship between father and children. The poor man’s hands are completely tied, it’s a real dilemma. The ex-partners should ideally come to a solution between themselves. And as the situation was described, apparently someone needs to be very clearly reminded of their obligations. Can he sue to make her pay her share of the installments? What I've been wondering the whole time: There was an amount x outstanding. Now the TE’s partner has paid half. And the ex is supposed to pay the other half. But that’s already not right, he has apparently been servicing the loan alone so far? How long has that been going on? One would have expected both to share the installments. Basically, he has actually contributed to the situation by tolerating her default for some time or covering her share. That she now doesn’t pay voluntarily could have been expected a long time ago.

A lot of water will flow down the Jordan before anyone ends up on the street. And the topic of forced auction and non-payment has been well discussed. It’s irrelevant to the bank what was settled within the family. Both are liable, both pay, both go down together. The children are smart if they don’t take any action.

2020-08-13 20:12:45

when did he leave the children alone? you know more about it now than he and I

well, who moved out first?

2020-08-13 20:35:00

who moved out first?

Moving out or separating from a failed relationship is not the same as "leaving children alone".

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Construction loan - Ex-partner does not pay his share

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