Co-borrower guarantee: what do you do in the event of divorce or separation?
Verified 20 November 2020 - Directorate for Legal and Administrative Information (Prime Minister)
When a couple takes a mortgage, a consumer credit or a mortgage loan, the bank can claim the monthly payments of the loan from each member of the couple. Each member of the couple is the guarantor of the loan.
The divorce or separation of the couple does not terminate the loan contract or the co-borrower guarantee.
However, cancelation of the co-borrower guarantee can be obtained in several ways:
- It is possible to repay the credit in advance (for example after the sale of the financed property). In this case, the total repayment of the credit ends the guarantee of the 2 co-borrowers.
- It is possible to ask the bank to unbundle one of the co-borrowers, the other continuing to pay off the mortgage and be its guarantor.
- The bank may be asked to cancel the guarantee of one of the co-borrowers by offering a new guarantor or an additional guarantee (mortgage, deposit). The bank will ask for equivalent guarantees.