What to do about debts after divorce?


Questioner

what happens when 2 people with their own house break up. and 1 of the 2 would not be able to pay the remaining debt due to alcohol and drug addiction?

Lawyer

Then one of the partners is responsible for the total residual debt. You both have a legal relationship with the mortgage provider and are jointly and severally responsible for the repayment and interest. If one of you does not pay his/her share, the mortgage lender will call on the other. If he/she cannot pay either, the house will eventually be auctioned. This will result in a residual debt for which you are both jointly and severally liable. As soon as the residual debt has been paid off by one of you, he/she has a claim on the other for what he/she has paid in excess of 50%. If you find yourself in a hopeless situation, you may be able to appeal to the Natural Persons Debt Restructuring Act. After 5 years of faithful payments and no new debts, you will be debt-free.

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