A joint loan does not disappear when you separate. If you are jointly and severally liable towards the lender, the lender can in principle hold you liable for the entire debt that is due. An arrangement with your ex that each of you pays half does not simply change that external liability. That generally requires the lender’s cooperation.
Nederlands: Lees dit artikel in het Nederlands: Gezamenlijke lening na scheiding en een ex die niet betaalt
Türkçe: Bu makaleyi Türkçe okuyun: Boşanmadan sonra ortak kredi ve ödeme yapmayan eski partner
At the same time, a different division may apply between you and your ex. If you pay more than the share that is yours as between the two of you, a right of recourse may arise. This means that, subject to conditions, you can demand a contribution from your ex. The question of what you have to pay the bank and the question of what you can reclaim from your ex must therefore be assessed separately.
This blog explains how to set the contract, the arrangements made in the relationship and the payments side by side. You will also read what you can do if a release from joint and several liability is refused, if new withdrawals are made on a revolving credit facility or if a BKR credit registration is looming.
First check who took out the credit
Gather the credit agreement and all subsequent amendments. Check who is named as borrower, who signed and whether joint and several liability was agreed. The fact that a loan was used for joint expenses does not automatically mean that both partners are parties to the contract. Conversely, someone may be fully bound even if the money was mainly spent by the other person.
In a marriage or registered partnership, statutory rules on liability and the settlement of property may also be relevant. The date of the marriage, a prenuptial agreement and the moment the debt arose can make a difference. So do not draw conclusions about your position solely from the name at the top of a bank statement.
Also distinguish between a loan from a lender and a loan between the partners themselves. If you personally gave money to your ex, that is a different agreement. For that, see reclaiming money from an ex-partner. Both types of claim can exist side by side and must then be listed separately in the overview.
What joint and several liability means
With joint and several liability, the creditor can hold each co-debtor liable for the entire performance, to the extent that it is owed and due. The bank therefore does not always have to try to collect half from your ex first. It may not receive the amount twice, but it can choose which debtor to pursue within the limits of the law and the agreement.
That can work out badly if your ex does not respond or has no assets to recover from. Your own payment of “half” does not simply prevent the bank from demanding the remaining amount from you. A dispute about the division between the two of you is usually not, as against the bank, an independent defence against an existing joint and several obligation.
Do check whether the balance claimed, the interest and the calling in of the loan are correct. Joint and several liability does not mean that every calculation by the lender is right. If in doubt, ask for a breakdown and the contractual basis. A substantive dispute about the credit may exist alongside the relationship issue and requires its own response.
The divorce settlement does not automatically bind the bank
A divorce settlement (convenant) may state that your ex takes over the loan. Such a clause can create obligations between the two of you, but does not automatically release you as against the bank. Where the creditor’s consent is required for an assumption of debt or a release, that consent must actually have been obtained. An arrangement on paper is not the same as confirmation from the lender.
Watch out for wording such as “will use reasonable efforts to take over the loan”. A best-efforts obligation is not the same as an unconditional promise that you will no longer be liable from a certain date. A settlement may also contain an alternative, for example the sale of an asset if refinancing does not succeed.
So ask for written confirmation from the lender stating which person is released from which obligations and from when. Check whether the release only concerns a particular credit number or also other linked facilities and security rights. Keep that confirmation with the settlement and the final balance statement.
How the internal share of the debt is determined
As between joint and several debtors, each must contribute the part of the debt that concerns him or her in their mutual relationship. The statutory basis lies, among other provisions, in Articles 6:10 and 6:12 of the Dutch Civil Code (BW). Which proportion applies depends on the arrangements and the relevant circumstances; it is not automatically fifty per cent in every situation.
A settlement or agreement may lay down a division. In the absence of one, the purpose of the loan, how the money was spent and the applicable law on relationship property may be relevant, among other things. Credit for a jointly purchased car may call for a different assessment from extra withdrawals for purely private expenses of one partner.
Make your position verifiable. Merely saying that your ex “spent everything” is not precise enough. Show which amounts were withdrawn when and what they were spent on. The other party, too, must substantiate a different division in concrete terms. An overview prevents emotions from taking over the balance calculation.
Limitation of your recourse claim
Your recourse claim only arises at the moment you pay more than your own share, not when the loan is taken out. That determines the limitation period: the five-year period of Article 3:310(1) of the Dutch Civil Code starts to run on the day after the day on which you became aware both of the loss (your overpaid contribution) and of your ex as the liable person. In practice, that is the day of each payment.
This has a consequence that people often overlook: each monthly instalment has its own limitation period. If, from January 2021, you alone pay the full monthly instalment of €400 while your internal share is half, your recourse claim for January 2021 becomes time-barred in January 2026, the claim for February 2021 in February 2026, and so on. If you wait for one large settlement until the loan has been repaid in 2030, the oldest part of your claim will already be time-barred.
You can prevent this in two ways. Send your ex a written notice every year in which you unambiguously reserve your right to the contributions paid (Article 3:317 of the Dutch Civil Code), with an overview of the payments up to that point. And keep proof of receipt. A part payment or written acknowledgement by your ex also interrupts the limitation period (Article 3:318 of the Dutch Civil Code).
Recourse if you pay more than your share
If you pay a joint debt for more than the part that concerns you as between the two of you, a right to a contribution may arise. What matters are the payments actually made and the applicable internal share. A future monthly instalment that you have not yet paid is not simply the same recourse claim as an amount you have already paid.
So keep proof of every payment to the bank. Also record any contributions your ex has transferred to you. Distinguish between interest, repayment of principal, collection costs and other items. A separate discussion may arise about additional costs, for example if one party caused those costs through non-performance or poor communication.
Then request in writing the contribution you are claiming. Explain the calculation and refer to the arrangement between you. A claim that only states the total amount without proof of payment or a key for dividing the costs is difficult to assess. Also bear limitation in mind: the relevant period must be linked to when the specific claim arose and became due.
A fictitious worked example
Under the credit agreement, Noor and Sam are jointly and severally liable. In settling their affairs, they agree that each will bear half of the remaining loan costs. The monthly instalment is €400. Sam does not pay for three months, and each time Noor pays the full amount to the lender to prevent arrears.
| Month | Monthly instalment | Paid by Noor | Paid by Sam | Noor’s own share (50%) | Overpaid by Noor | Time-barred on |
|---|---|---|---|---|---|---|
| January | € 400 | € 400 | € 0 | € 200 | € 200 | end of January + 5 years |
| February | € 400 | € 400 | € 0 | € 200 | € 200 | end of February + 5 years |
| March | € 400 | € 400 | € 0 | € 200 | € 200 | end of March + 5 years |
| Total | € 1,200 | € 1,200 | € 0 | € 600 | € 600 recourse against Sam | separately for each month |
Noor has paid €1,200, while her own share is €600. She therefore has a recourse claim of €600 against Sam. If it had been agreed that Sam would bear the loan in full, the internal calculation would be different: Noor could then reclaim the full €1,200. Later withdrawals, different costs and earlier payments also change the outcome. So use this example to structure your file, not as an automatic calculation for every separation.
If it had been agreed that Sam would bear the loan in full, the internal calculation may turn out differently. Later withdrawals, different costs and earlier payments may also change the outcome. So use this example as a way of structuring the file, not as an automatic calculation for every separation.
Two tracks at once: the bank and your ex
A common mistake is to talk only to your ex, or only to approach the bank. The two routes are separate from each other and both require action, usually in the same week.
| Towards the lender | Towards your ex | |
|---|---|---|
| What is it about? | External joint and several liability: the bank may hold you liable for the whole amount, regardless of your arrangements with each other | The internal share: who bears which part, and what you can reclaim (Articles 6:10 and 6:12 BW) |
| First step | Report in writing that the relationship has ended and ask for confirmation of the outstanding balance and of the names in which the credit is held | Record the internal share in writing, or refer to the divorce settlement |
| Second step | Ask for new withdrawals to be blocked and for the direct debit account to be changed | Send a monthly or quarterly overview of what you have paid and what you are reclaiming |
| Third step | Apply for a release from joint and several liability; the bank assesses this on the basis of ability to pay and is not obliged to cooperate | Preserve your rights: interrupt the limitation period in writing every year (Article 3:317 BW) |
| Keep paying? | Yes. Stopping leads to arrears and a BKR credit registration in your name | Your ex not paying is no reason for you to stop; it is a reason to exercise your right of recourse |
| If things go wrong | A complaint to the bank and then, if applicable, Kifid, the Dutch Financial Services Complaints Tribunal, if you are a consumer and the provider is affiliated | A formal notice of default, followed by debt collection or proceedings before the subdistrict court judge (kantonrechter) |
Applying for a release from joint and several liability
A lender will generally want to assess whether the remaining borrower can bear the costs independently. For this, it may ask for income details, fixed costs, other debts and the current credit balance. The outcome of that assessment is not guaranteed by your arrangement with each other or by the wish to close the relationship financially.
Prepare the application together if possible. Make sure the documents are up to date and consistent. Ask which conditions apply, which documents are missing and within what period a decision will follow. If the application is rejected, a written explanation is useful: it then becomes clear whether the problem is ability to pay, security or something else.
An alternative may be refinancing, partial repayment or the sale of a financed asset. These are not solutions that are feasible or advantageous for everyone. Have the costs, interest, term and any new security compared before you sign. A longer term may lower the monthly payment but increase the total costs.
What if your ex does not cooperate?
Check what cooperation was actually agreed. Did your ex have to provide income documents, submit an application, sell an asset or only investigate whether a takeover was possible? The content of the obligation determines what performance you can demand. A lawyer can assess whether a letter of demand or proceedings about that cooperation would be appropriate.
In addition, keep communicating with the lender. Report the changed situation and ask for correspondence to be sent to your own current address. Do not rely solely on the promise that your ex will forward the post. This prevents you from discovering only months later that instalments have gone unpaid or that the credit has been called in.
Sometimes a temporary arrangement is needed while the final division has not yet been completed. Record who pays which instalment and whether that payment anticipates the eventual internal share. A clear reservation can limit later discussion. A temporary arrangement should also state when the situation will be reassessed.
Preventing new withdrawals after the break-up
With a revolving credit facility, there may be a risk that money is still being withdrawn. Check who is authorised to make withdrawals and whether you can ask the lender to block or change the withdrawal facility. Whether this is possible, and its consequences, depend on the contract. Blocking new withdrawals does not automatically end existing obligations.
Agree with each other that no new debt will be incurred, but also ask which measures the lender can actually implement. Keep the confirmation. Merely changing a password or taking a bank card is not a complete legal solution and may affect the other person’s rights. Do not access your ex’s account without permission.
If new withdrawals have already been made, distinguish between the lender’s external claim and the internal allocation. A withdrawal after the break-up may be assessed differently for the internal share than credit that was spent jointly before then. The date, authority, how the money was spent and earlier arrangements are then important details.
Arrears and a BKR credit registration
If the joint loan is not paid as agreed, costs and registrations may follow to the extent that the applicable conditions are met. Stating that your ex was supposed to pay internally does not automatically make a registration in your name incorrect. Your own contractual position towards the lender remains relevant.
Do check exactly what has been registered, whether reports and dates are correct and what correspondence was sent. Request your credit report and keep proof of payment. The explanation on requesting your BKR registration helps you complete your file.
A request for correction or removal requires its own substantiation. Your current situation may be relevant, but there is no automatic removal because of a divorce or separation. See correcting or removing a BKR registration. Have both the payment issue and the registration issue assessed if they overlap.
Keep the registration issue and the dispute about the joint loan apart as separate pieces of work; each requires its own substantiation and its own budget.
Would you like to know how to examine the registration yourself? Read how to assess a BKR registration resulting from problems with an ex-partner on the basis of the agreement, the warnings, the registered data and your personal circumstances. The question of who must bear the debt as between the two of you is not the same question as whether the registration is lawful.
Which documents make your case clear?
Gather the original contract, terms and conditions, amendments, a current balance statement and all payment breakdowns. Add the divorce settlement, prenuptial agreement or cohabitation agreement. Then make a chronological list of the break-up, arrangements about the takeover, applications to the bank, rejections and actual payments.
Keep communications in which your ex acknowledges a share or promises cooperation. Also note what the lender has confirmed about a release, refinancing or blocking withdrawals. If there are several credit agreements, give each one its own line with the contract number. This prevents payments or arrangements from being attributed to the wrong product by mistake.
For an initial assessment, send the key documents and a short description of your question. For example: you want the contributions already paid to be refunded, to obtain a release from liability or to dispute the calling in of the loan. These goals may require different steps. A clear priority helps to determine costs and urgency.
Keeping records of your repayments
Even after a clear arrangement, new discussions may arise because payments are not tracked. So from the actual separation onwards, keep an overview of every payment to the lender. State who paid, which part concerned interest or repayment of principal, and what was for each person’s account under your arrangement with each other.
Also record payments your ex made directly to you. Otherwise it may look as though you bore all the costs while part of them has already been reimbursed between you. Keep statements and arrangements on setting off against other items. A payment towards the loan is not simply interchangeable with maintenance, housing costs or a contribution for children.
Agree how often you will confirm the balance. A periodic overview can provide clarity more quickly than a large settlement years later. Word any confirmations carefully: a balance statement should not unintentionally become a new, broad agreement or a final discharge.
If you arrange refinancing in one name, ask for written clarity about the old credit. Has it been repaid in full, has one of you been released from liability, and is there still scope for new withdrawals? Also check how this has been processed in the credit records. The actual last payment and the legal termination are not the same moment in every situation.
Compare the final statement with the divorce settlement and earlier payments between you. This lets you establish whether, in addition to the termination with the lender, a claim between the two of you still remains. This prevents a solution that looks complete from the outside from leaving an unclear residual debt between ex-partners.
Is your ex still failing to pay? See our approach to loan disputes; if the issue is with the bank itself, see disputes with your lender.
Frequently asked questions
I have paid my half: can the bank still hold me liable?
Yes, if you are jointly and severally liable and the total debt that is due has not yet been paid. Your internal share does not then automatically limit the bank. You may, however, be able to demand a contribution from your ex if you pay more than your share as between the two of you. Check both the credit agreement and the arrangement on the division.
Is my ex obliged to take over the loan?
That depends on the arrangements made. Moreover, an obligation between the two of you does not mean that the bank is obliged to agree to a release or takeover. The wording of the divorce settlement and the lender’s terms and conditions must therefore be read side by side.
Can the court release me from liability towards the bank?
A decision on the division between the two of you does not simply release you from a creditor who is not bound by that arrangement. Whether a claim against the bank itself is possible depends on a separate legal basis and the circumstances. Do not expect an automatic release merely because you are divorced or separated.
Must every joint loan be split exactly in half?
No, the internal share is not equal in every situation. Arrangements, how the money was spent, the type of relationship and the applicable property law may lead to a different proportion. New withdrawals after the break-up may also require a separate assessment. Have a different position substantiated with concrete documents.
May I stop paying as long as my ex does not pay?
That may in fact cause new problems with the bank. A dispute with your ex does not automatically give you a right to suspend payment towards the lender. Seek advice in good time about your obligations, a temporary arrangement and any rights of recourse. In any event, respond to letters about arrears or calling in the loan.
Can I take the dispute with the bank to Kifid?
That depends on factors such as the service provider, the product, the capacity in which you act and the applicable rules. A purely internal dispute with your ex does not become a Kifid case as a result. You can read more about the financial complaints route under the Kifid procedure.
Help with the joint debt
Arslan Advocaten can assess the obligation towards the bank and the internal share of the debt together. We can also look at arrangements on cooperation, contributions paid and a disputed calling in of the credit. Get in touch with the contract, the divorce settlement and a current payment overview. For the wider settlement, you will find information under family law.
Written by Onur Arslan, attorney at Arslan Advocaten and responsible within the firm for the financial practice: credit registrations, loans of money and disputes with lenders. Registered in the specialisation register of the Netherlands Bar (Nederlandse orde van advocaten) for employment law and personal injury. Substantively reviewed on 12 September 2026 against the statutory text on wetten.overheid.nl.
