Liability in divorce and loans

Questioner

My ex-husband took out a loan from his parents before we got married. We are married in community of property. The loan was used to buy our house. I did not sign anything and was always under the impression that it was a gift. That is how they conveyed it to me otherwise I would never have agreed to it. Now he is trying to make me pay half of that debt. Am I liable for half of his debt?

Lawyer

In the event of a divorce, the joint debts must be divided. If you are married in community of property, the debts are divided, each person gets half. Even debts that one of you incurred before the marriage are for both of you. In my opinion, the fact that you were unaware of this loan does not alter the fact that you are personally liable.

Questioner

Clear answer. Thanks. Additional question: There is no agreement about a repayment term, or anything like that. Am I legally obliged to do this within a certain time?

Lawyer

I dare not answer this question with certainty, but I think not. However, it seems wise to me to agree on a term, so that there is clarity for all parties regarding the loan and that you also have insight for yourself when this loan will cease to exist.

Lawyer

I agree with my colleague Joyce van de Logt that in general it is the case that loans by one of the partners before the marriage also result in a debt for both partners after the marriage and that in the event of divorce you are therefore also jointly and severally liable for these debts. However, that may be different in this case, as you state that the parents of your ex-partner made a gift to their son for the purchase of a property and only now state that this is a loan. I then assume that no interest was ever paid or a repayment made. In that case, I believe it can be stated that there is no question of a loan. It is then up to the parents to provide proof of the loan and the conditions under which the loan was concluded.

Questioner

Thanks for the answers Robert, Joyce. The bad thing is that he does 'pay off' the interest to his parents and gets it back under the table. Tax-wise that seems advantageous. There are no further conditions set for the loan, it is a word document drawn up by his parents themselves which he and his parents signed. So there is no talk about term or repayment amount. He will therefore (very sourly) never have to pay this back. If I decide to transfer (for example) €1 per month, is that possible? Or am I then liable to prosecution?