What to do in case of residual debt after divorce?

Questioner

My son wants a divorce, they live in a house they own, this was bought with 30,000 euros of her own money, this is recorded by means of a prenuptial agreement. In the mortgage, 15,000 euros of his debt is included. If the house is now sold for less than the mortgage, what happens to the above amounts?

Lawyer

If the home is sold below the value of the mortgage debt, a joint and several residual debt arises. Both partners are 100% liable for this towards the mortgage provider. In practice this means that each, based on the mortgage conditions, will have to take 50% of the residual debt for his or her account. The division of the surplus value of the home between the spouses no longer exists in the event of a residual debt.