Debt after divorce?

Questioner

After the divorce, it turns out that a loan has not been repaid. A court order states that the debt must be shared. I paid half, my ex didn't. Now I'm getting messages from the lender that I'm in arrears. I sent the lender a copy of the order and explained that I paid my share. The lender still comes to me to pay off debt. What can I do now?

Lawyer

If the loan was taken out during the marriage and the debt has not been fully repaid as stipulated in the divorce decree, both parties can in principle remain liable for the entire debt to the lender, regardless of any mutual agreements regarding the division of debt. Although the court order between the former spouses may state that the debt must be shared, this is an agreement between the two parties and is not binding on the lender. If one of the parties fails to meet his/her share of the payment, the other party can still be held liable by the lender for the entire debt. In this case, the person who paid his/her share may have a right of action against the ex-spouse to recover the unpaid amount. If you have any further questions, please contact 040 - 40 2350422 or send an email to info@echtscheidingswinkel.nl.