What to do with a co-debtor? | Legal aid

Questioner

What if a co-debtor (not an owner) does not cooperate in the sale of the home because there is a mutual dispute about a debt from years ago that has not been recorded? Does not respond to the proposal in time, so that the potential buyer bounces back and the purchase of the house does not go through because they refuse to contribute to sharing the sales loss because they believe that they can deduct an x ​​amount due to a debt from years ago that has not been recorded. I would like to know what the owner of this property can do. Please respond. Kind regards,

Lawyer

You were married in community of property, but you are legally the sole owner of the house. In that case, you can legally sell the house without the consent of the other. During the transfer, the mortgage debt is offset against the sales price. You are both then jointly and severally liable for the remaining debt. The other debt is disputed by you and will have to be proven by the claimant in a separate civil procedure.