We promise loyalty and mutual support for life. We build a home. We are building a family. We take out real estate loans and consumer credits. Then arguments replace the honeymoon, the couple falls apart, and a divorce is requested, as in more than one in two marriages (according to official figures for 2020).
If legally the fact of divorce removes all the links between the two former spouses, the financial chains remain. Certain aspects must be taken into account to avoid unpleasant surprises like the one that took Christelle Gillot by surprise, forced to repay the 600,000 euros of debts contracted by her ex-husband.
Ex-spouses united in front of the bank
During the divorce, the latter did not take care of the separation of credits. Once he found himself without income, the bank turned to his ex-wife for reimbursement. Because when one of the spouses takes out a real estate loan or a consumer loan, “as long as it is not disproportionate to the household's lifestyle and taken out for the good of the household”, “both spouses are subject to solidarity,” explains Anaïs Foix, lawyer at the Bordeaux bar and practitioner in family law.
This solidarity is not canceled at the time of divorce, it must be made a claim to the creditor. “When she lends to two debtors, it is interesting for the bank, so when we divorce, by requesting the separation of the spouses, we ask her to deprive herself of one of the debtors, she can refuse if she considers that the financial situation does not make it possible to ensure repayment of the credit,” specifies the lawyer.
And “even if a judge considers that it is up to the other spouse to repay, this court decision cannot be enforced against the bank,” adds Angélique Delagarde, of the Jadde Avocats firm. This decision by the judge only offers the possibility of appealing against your ex to claim damages. But it’s another process and if your ex no longer has funds, “it’s lost,” she warns. The lawyer specializing in family law notes that if “in practice, this type of separation requests are often made in real estate matters”, this is less the case for consumer credit.
Concerning these credits, there is an exception to the rule: if one of the spouses goes into debt for goods that are not in the interest of the family, “for example an expensive car or a luxury handbag, the other spouse can ask not to pay,” specifies Angélique Delagarde.
-Tax debts and real estate
Another link that can remain despite the divorce: tax debts. This is the tax that is owed to the public treasury. “Otherwise, it would be too easy to divorce to escape it,” raises Angélique Delagarde.
The separation of real estate can also take time, especially if the spouses or ex-spouses do not agree on the distribution. You can then find yourself attached to your ex for months, even years, sometimes to the point of legal partition which leaves it to a judge to decide.
When there are dependent children, the situation becomes complicated. “Children are a financial subject, in addition to being a moral subject for spouses,” points out Anaïs Foix. And “even when they are adults, can remain dependent if they study for example, the amount of alimony can be increased, and when they become adults, the person paying the alimony may want to pay it directly to the child and again, this could lead to new legal proceedings,” adds the Bordeaux lawyer.
Our file on divorce
To avoid unpleasant surprises and inconveniences after the divorce, spouses must carefully consider the separation procedures with their creditors and agree as much as possible on the separation of property and the costs incurred for their children. “If you want to be protected, the best thing is to clear your credits before the divorce, it is better to plan ahead,” finally advises Angélique Delagarde.
