Co-borrower guarantee: what to do in case of divorce or separation of the couple?

Verified 11 September 2023 - Directorate for Legal and Administrative Information (Prime Minister)

When a couple takes a consumer credit or a mortgage and that the two members of the couple sign the loan contract, they are co-borrowers. The bank may require each of the couple's members to pay the monthly installments of the loan. Each member of the couple guarantees the loan. This is the co-borrower guarantee.

The divorce or separation of the couple does not terminate the loan agreement or the co-borrower guarantee.

But the couple can get the cancelation of the co-borrower guarantee in one of the following ways:

  • Either in prepaying the credit (e.g. after the sale of the financed property). In this case, the total repayment of the loan terminates the guarantee of the 2 co-borrowers.
  • Or by asking the bank the separation of one of the co-borrowers. If the bank acceptsHowever, the other co-borrower remains alone in repaying the loan and acting as the guarantor.
  • Or by asking the bank cancel the guarantee of one of the co-borrowers. This requires replacing the co-borrower with a new guarantor or an additional guarantee (mortgage, security...). This replacement must be offered to the bank. If the bank accepts, the loan contract continues with the other co-borrower and a new guarantor or additional guarantee.