Debts and Property after a divorce in Portugal

scritto TPN/Lusa, in Business, Diritti dei consumatori · 04-06-2021 01:00:00 · 0 Commmenti

Not all stories have a happy ending!

After a divorce, both parties will be liable for debts incurring during marriage, except in the property separation regime. However, we would like to mention some types of debts which, due to their specificity, deserve special attention by the holders.

Housing Loan

In a divorce situation and even if one of the ex-spouses is liable for the debt, both will be liable to the creditor and may be asked to pay.

To avoid further problems and to safeguard both sides, sale of the property or the liability exclusion by one of the holders may be the solution. Any decision in the process of divorce cannot override any stipulated mortgage loan agreement, so it will be in force in the future, under the same terms.

Regarding to a non compliance of payment, the two holders will be responsible for the debt. It would be better to look for an alternative solution that allows liability by those who stay with the property; however, the bank has to accept.

Deposit accounts

It would be better to close joint accounts before divorce, but a bank account only can be closed with the signature of all holders. However, when there are associated loans, this will not be viable.
Contact your creditors and ask for help in renegotiating loans/debts. You must act in advance and do not drag situations of non payment risk.



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