thank you very much for your inputs. I had, in my naive delusion, hoped that only her apartment could be "liquidated" by the bank and he could keep his own (declaration of division was made)
So honestly, the only advice can probably be "go to a lawyer"!
But in the end, the SH probably won't care, if both are jointly responsible for the financing, they will approach your partner if she doesn't pay! It's easier to seize the apartment and for the SH there will probably be no division on the loan. But only a lawyer can clarify that!
That is why a bank does not release anyone from debt! If one person cannot / will not pay, the other must pay. I would seek a conversation with the bank and service the loan and not make things worse. Additionally, I would hire a lawyer against the ex and / or clarify the ownership situation. Small consolation, it is not an insurmountable amount.
The notarial record of the divorce, insofar as it can be used in legal transactions, can of course establish a civil claim between the parties.
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Tendentially, everything sounds like the divorce settlement only enables a private law claim, which will probably hardly succeed. Because getting to the property is probably also a long way, if at all possible.
I would also say that payment must first be made, and then civilly enforced by the good lady.
But I do think there is something to be gained. After all, there is a whole residential unit:
Property: Two-family house, at the divorce he received one residential unit and she received one residential unit.
I would probably first call your notary directly and ask him, without raising new costs, what options you yourself have in this case if one party to the contract, which he has notarized, does not comply. It may well be that a written, credible threat of enforcement measures is enough to dissuade them from such behavior.
thank you very much for your inputs. i had, in my naive delusion, hoped that then only her apartment could be "liquidated" by the bank and he could keep his own (a partition declaration was made)
Partition declaration in the land register? That could still be a chance if there are 2 genuinely separated residential units. However, only if the bank does so in "goodwill." Otherwise, both ex-partners are jointly and severally liable. Stopping payments is unwise. Especially regarding one's own creditworthiness and the occupied house. The notarized contract only affects the two parties who signed it. So it is (probably) only about asserting claims afterward. The situation is definitely complex. Especially for laypersons like those found here. Therefore, urgent legal advice is needed.