Loans for people working abroad
Loans for people working abroad are often granted to a spouse. This is often due to the fact that one of the spouses can earn in zlotys and then taking a loan in Poland is much easier and the availability of offers is greater.
It is worth knowing that divorce proceedings are not the same as sharing assets. The court during a divorce, at the request of one of the parties, may divide joint property if it considers the application to be justified. This is an activity that must be performed separately.
In doing so, the court deals with the distribution of assets. Therefore, the court does not deal with the spouses’ debts. This institution has no right to interfere in the obligations that arose between the spouses or also third parties or the bank .
Regarding the further repayment of the divorced co-borrower’s liabilities, they should report the matter to the bank and try to settle the matter. How a given bank approaches the topic of further repayment is a very individual matter.
Regardless of whether we will split the property with a notary public or in court, this agreement applies only to the parties to the agreement
Divorce and contract with the bank
In practice, it looks very different, the relationships between divorces and the extent to which they are able to compromise are also important. It happens that one of the borrowers decides to take ownership of an apartment, at the same time declaring that he will repay the debts to the bank , which will be borne by both spouses. Of course, this issue should also be dealt with in the bank .
However, if one of the former spouses took over the apartment exclusively, but does not repay the installments, then the bank has the full right to claim unpaid loan installments from the party who did not receive the property during the division of property. Therefore, she will have to pay back the loan she has taken out .
The division of assets and the ownership of real estate by one of the borrowers does not at the same time impose liability on the other of the former borrowers, towards third parties, in the most common cases of the bank . This is a very important message to keep in mind.
Of course, the law provides for a so-called recourse claim, but in practice this is quite a failed solution. Most often, it happens that a person who does not repay the loan installments, most likely, will not want to pay the former spouse installments that were paid for him. Therefore, such a claim exists, but it is very difficult to effectively implement it in practice.
It is much more beneficial to apply the Civil Code article on debt takeover. Articles from the Civil Code say that in order for a debt to be accepted, the creditor’s consent is required, i.e. in this case the bank .