Debts of ex husband

Started by Emigrantica, May 25, 2013, 08:43 PM

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Can somebody help me please?
I was married abroad with no pre-nup agreement and I was living in the Netherlands with my ex for 6 years and 2 years in our country. We divorced in the Netherlands, he moved out from the country. He recently stopped paying his debts. I called banks to say that he is not living on my address any more, because he unregistered, but he didn’t called creditors to say that he is not here.
According to Dutch Law, I am responsible for the half of the debts that occurred before and after we got married, until the day we divorced. In the country where we got married, I am responsible only for the credits that I signed for. But I am not sure if I can use that Law in the Netherlands as we divorced here.
He has 3 credit cards on his name (total amount about 5k), one old credit from 2001 (about 5k… I didn’t even know him in 2001) and credit for students from ABN AMRO (3k).  I never signed for any of the credits above. I am paying for one credit that we both signed (15k) and I can accept that one. However, I don’t find it fair that he can just escape and stop paying, because he sighed the Convenant that he is going to pay for all the debts, including the one I signed. He just disappeared and I am afraid that the banks will come to me asking me to pay for the credits that are only on his name.
What are the chances that the banks will find out about me and ask me to pay? Is it for sure that I will have to pay half of credit card and other credits that I didn’t sign or they can tell me to pay for full amounts? Is ABN AMRO going to ask me to pay his student credit (or student credits are personal)? Is there any way that I can protect myself? And also, is there a period that banks can come to me, or it can also happen after 5 years to knock my door when the interest on these credits increased the amounts drastically?
He is not working abroad and he has no property. He also has a debt from DUO for his scholarship, but I saw on DUO website that they can not claim the debt from ex partners.
Please help me. Any advice is appreciated. Thank you!


Hi Emigrantica,

Welcome to the forum.
As far as I know you can be held responsable for the debts that where created during and before the time you were married. In Dutch they call that "hoofdelijke aansprakelijkheid".
By getting married without a prenub you agreed to share everything that was created before the marriage.

For a bank to claim the money in your name they have to write you an official letter within five years after they send the last letter. Otherwise they loose there claim. If you left the country and you registred with the Dutch gouvernment where you can be found they have to write you at that adress.
The five years start after the last letter you have recieved.

I'm affraid a covenant is not gonna hold in court, at least that's what I learned a few years ago, I don't know if the law changed in the mean time.
If you recieve a letter after the five years. Write them a letter saying you don't egnoligde the claim. That you wish to recieve proof of "stuiting" thats the legal term for documents that prove that the five years term have been interrupted and started again.

If they can't send you a document with a correct date, they can't claim anything.
If they can prove it and you are held responsible, you also have the right to claim half the money from you ex.    

I'm sorry our system is so unfair  ::)
If you did't get any letters,.. don't wake up anybody  ;)

hmm,.. I was thinking, since you got married abroad it could be wise to ask legal advise with a atourney that specializes in foreign law.


Thank you very much for your reply Buster!
Just to make sure that I understand… the creditors can ask me to pay total amount that was on my ex husband name and then I can ask my husband to return me half of the money ? Even if I did not sign his credits? If that’s the case, I can forget about it. I will never make him pay :(
Are the banks really chasing ex partners to pay for debts that are smaller than 5k or the amount does not matter? And do they have to go to court first to make his credits become mine?
And one more thing… if nobody contacts me within 5 years, it means that I am released from all obligations, right?
I am very surprised that Netherlands made the Law this way, especially family Law it so unfair.

Thank you very much for your time spent on my story! Your answer is much appreciated. Dank u well


 ;D Graag gedaan

And yes, you understood correctly.
For the ex part, you have the same rights as a bank. That means you can start a procedure to surch for him, ask him to come to court, get a judge to make him pay, and all costs that come with it are his to pay if the judge convicts him. Just make sure you wait no longer than five years to start the procedure.

He, in return can ask for proof that you contacted him within five years.
So if you go that way, make sure you save all the documents that you send.
(funny fact; Since 2011, an email is a legal way of contacting somebody)

I hope you never hear from anybody ;)
Good Luck!