In 2024 alone, approximately 60,000 people were divorced in Poland. couples, and many of them had to face the division of a joint mortgage loan. Banks do not recognize court decisions – what matters is the loan agreement and the borrowers' creditworthiness.
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As Pekao Bank explains on its website, a mortgage loan after a divorce remains a joint obligation until the bank agrees to take it over by one of the spouses.
Lack of well-thought-out decisions can lead to serious consequences – from problems with credit history to bailiff enforcement. Knowledge of procedures and options allows you to avoid conflicts and secure your financial future.
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One solution is to transfer the entire loan to one of the former spouses. However, this requires high creditworthiness. In addition, the bank must again simulate creditworthiness according to the rules, limits and criteria currently in force – and not at the time of incurring the obligation.
Mortgage loan and divorce – what about a loan after divorce?
An alternative to transferring the entire loan to one of the former spouses is to include a new borrower, e.g. a partner or parent, in the contract. This solution may facilitate repayment and the continuation of the loan agreement. It is worth remembering that in the case of this solution, all previous signatories are necessary when preparing annexes or new contracts.
There is also a variant in which former spouses continue – at least formally – to repay the mortgage loan. The bank does not care whose account the funds come from. This means that in practice one person can take over the obligations without additional formalities.
Importantly, in a crisis situation, when former spouses do not agree on the future fate of the property and, for example, one of them stops repaying part (or all) of the loan amount, then the bank may seek repayment from each of the former spouses, even if one of them no longer lives in the apartment.
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The relatively simplest solution is to sell the property, repay the loan and divide the remaining funds. However, as Pekao bank reminds in its online guide, this requires finding a buyer who will accept such an arrangement and agreeing the terms with the bank.
After the sale, both parties are exempt from further loan repayment. Often, however, one of the former spouses stays in the apartment and both continue to pay the installments – this requires cooperation and agreement, e.g. in the case of child support.
If you cannot repay the loan yourself, find a new borrower or sell the property, renting an apartment may be a temporary solution. The funds obtained may cover installments and the costs of maintaining the premises.
