Construction loan - Ex-partner does not pay his share

Schwäbisch Hall receives 60,000 euros from Person A und B. The fact that the loan was not separated must have had its reasons and was a golden decision for the bank given the current situation. The notarial record of the divorce, if usable in legal transactions, can of course establish a civil law claim between the parties. In this case, only and as quickly as possible a visit to a trusted lawyer helps to clarify how an overpayment of half of the debts can be avoided!

oh it's such a dilemma. But my partner was just so naive :-(


that you create two separate borrowers from one contract is probably no longer possible?

But if it was notarized, I could demand my money through the lawyer, right?

Demanding from the ex, yes, but actually getting it if the bank doesn’t get anything? The bank doesn’t care what the two have agreed on. Both are jointly liable and responsible for the debts together. If he simply stops paying (because the 30k limit is reached) and she also doesn’t pay, legal action will be taken against both. Unpleasant situation. Go to a lawyer immediately!

I don't think the bank will go along with that. It increases the risk that they won't get their money.

is it probably no longer possible to create two separate borrowers from one contract?

Anything is of course possible. But imagine you were the bank …

Lawyer!

So it would be surprising if the [SH] plays along like that! Especially if nothing comes from the ex, the bank will then approach your partner and make him "pay". Sure, you can probably try to recover it civilly. But how the chances are, a lawyer can tell you.

If your partner does not pay, the bank will go after the house and if it is not divided as residential/partial ownership, then your partner will have to pay or the house would simply be "realized" by the bank accordingly.

BUT since not all details are surely known, go to a lawyer and get advice! Or seek a conversation with the [SH], but both will only serve to clarify the current status of things. Everything tends to indicate that the divorce agreement only enables a private law claim, which will probably hardly succeed. Because getting to the property then is probably a long way, if even possible at all.