Settlement of marital property

The Supreme Court (SC) has resolved a dispute between two former spouses, regarding adebt from a mortgage loan they signed when they were married under the marital property regime. When they both separated andchanged the matrimonial property regime to separate property, they declared at the notary that they no longer had any marital assets to distribute.

Later, the bank claimed thenon-payment of the loan and the ex-husband, to avoid foreclosure on a property he owned, reached an agreement with the bank, in which he remained as thesole debtor and the bankreleased the ex-wife from her liability in the loan. However, the ex-husband, after assuming all the debt with the bank,sued his ex-wife for half of the amount, arguing that, even though the bank only demands payment from him, she stillowes her share internally since there was no specific agreement that also exempted her in their relationship.

The lawsuit went through several courts until reaching the SC. The ex-wife argued that to claim that debt between them, aspecial procedure was required of settlement of marital property, and also by being released from the bankshe would also be released from her ex-husband. The Supreme Court, however, states that since both clearly declared that there were no longer any marital assetsto settle and no other assets or debts were identified, this ordinary procedure is appropriatefor this claim. In addition, the Supreme Court clarifies that the fact that the ex-husband assumed the debt with the bank and that the bank released the ex-wife

does not imply that internallybetween them the debt was also forgiven, unless there was an express agreement, which did not occur. In other words, if one pays more than their share of a marital debt, they can claim the excess from the other party, unless both clearly and unequivocally agree that the money is not owed. Therefore, the Supreme Court confirms that the ex-wife must indeed pay her ex-husband the half claimed., unless there is an express agreement to the contrary. That is, if one overpays on a marital debt, they can claim back their share from the other party, unless both clearly and unequivocally agree that the money should not be owed. Therefore, the Supreme Court confirms that the ex-wife must indeed pay her ex-husband the half claimed.

In disputes regarding expenses related to the family home after the family crisis or during and after the processing of a family process, our professionals will provide you with the appropriate legal assistance and take the necessary actions as appropriate