When a marriage ends, it is not only assets that need to be divided — debts and credit obligations acquired during the marriage must also be allocated between the spouses. This is one of the more technically complex aspects of property division and is frequently a source of dispute.
General rule: equal shares in joint property and joint debts
All property acquired by spouses during the marriage is their common joint property, regardless of which spouse acquired it or whose name the funds were deposited in. This includes not only tangible assets but also property and cash acquired using credit funds from banks and other financial institutions. Both spouses have equal rights of ownership, use and disposal of this property — including a spouse who had no independent income during the marriage.
As a general rule, the spouses’ shares in jointly acquired property — and in jointly incurred debts — are equal, unless a prenuptial agreement provides otherwise. The court may depart from equal shares taking into account the interests of minor children, disabled adult children in need of assistance, or other circumstances that deserve attention. A spouse’s share may be increased if the other spouse avoided work or dissipated joint property to the detriment of the family.
When is a loan a joint debt?
A loan taken by one spouse during the marriage is treated as a joint debt of both spouses if the funds were spent in the interests of the family. This is the default position under Belarusian law — the fact that only one spouse signed the loan agreement is not determinative.
Common examples of family-purpose loans: a mortgage or consumer credit used to purchase or renovate jointly owned housing; a car loan for a vehicle used by the family; a loan used to fund a joint business or household expenses.
Important: a prenuptial agreement may redistribute loan obligations between the spouses. However, such an agreement binds only the spouses themselves — not the bank. If one spouse is named in the loan agreement, the bank retains the right to demand repayment from that spouse regardless of what the prenuptial agreement says. The spouse who pays may then seek recovery of half the amount from the other spouse on the basis of the prenuptial agreement or court order.
When is a loan a personal debt?
A loan is not treated as a joint debt in the following circumstances:
- the loan was taken by one spouse before the marriage;
- the loan was taken after the marriage but after the spouses had ceased running a joint household — provided evidence of this is presented to the court;
- the loan funds were spent by one spouse for personal purposes — provided the other spouse can produce evidence of this before the court.
If such evidence is established, the debt will not be taken into account when dividing the jointly acquired property and will remain the sole obligation of the spouse who incurred it.
Statement of claim — what to include
When filing a statement of claim for division of jointly acquired property that includes credit obligations, it is essential to specify: all existing loan obligations; when each loan was taken, by whom and in what circumstances; and how the funds received were spent. Failure to address credit obligations in the claim can lead to disputes arising after the property division has otherwise been resolved.
Bank involvement in division of loans
With the consent of the lender, a joint loan may be divided between both spouses. In this case, a bank representative must be invited to participate in the court hearing. In practice, banks do not always consent to a formal division of the loan — in which case the court will determine how the obligation is allocated between the spouses internally, while the bank retains its rights against the named borrower.
Reimbursement of payments made after divorce
If one former spouse has repaid a debt that constitutes a joint obligation after the marriage has been dissolved, that spouse has the right to demand recovery from the other of half of the amount paid. This right arises regardless of whether the loan was in one or both names, provided the debt is established as having been incurred in the interests of the family.
Prenuptial agreement and debt allocation
A prenuptial agreement may specify in advance which spouse will be responsible for which debts on dissolution of the marriage, including the conditions and procedure for repayment of joint obligations. This can provide significant clarity and reduce the risk of disputes. However, as noted above, the agreement is binding only between the spouses — creditors are not bound by its terms.
Frequently asked questions
My spouse took out a loan in their name only. Am I responsible for it?
Potentially — if the funds were spent in the interests of the family. The key question is not whose name the loan is in, but how the money was used. If your spouse can show the loan served family purposes, the court may treat it as a joint debt.
We separated two years ago but are still legally married. Are loans taken after our separation joint debts?
Not if you can demonstrate that you had ceased running a joint household before the loan was taken. Evidence of separate living arrangements, separate finances and lack of shared expenses strengthens this position. Document the separation carefully.
The bank is demanding repayment from me even though the court ordered my spouse to pay. What can I do?
A court order allocating a debt to your spouse does not release you from the bank’s claim if you were the named borrower. You must repay the bank and then seek recovery from your spouse under the court order. This is a common and frustrating situation — we recommend addressing it proactively at the time of property division.
Can we agree on debt division without going to court?
Yes — either through a prenuptial agreement or a notarised property division agreement. We strongly recommend doing so in writing, as oral arrangements are unenforceable.
What if my spouse ran up debts gambling or on personal expenses without my knowledge?
If you can produce evidence that the funds were spent for personal purposes rather than family ones, the court should treat that debt as the sole obligation of the spouse who incurred it. Evidence may include bank statements, transaction records, testimony from witnesses or other documentation.
From our practice
Joint mortgage — one spouse refusing to participate in repayment. A client came to us after her husband left the family home and stopped contributing to the mortgage. The loan was in both names. We filed a claim for division of the jointly owned apartment simultaneously with a claim for recovery of half the mortgage payments she had made since the separation. The court awarded her the apartment, ordered a compensation payment to the husband reflecting his share of the equity, and upheld her claim for reimbursement of overpaid mortgage instalments. Duration: six months.
Personal loan claimed as joint debt — evidence of personal spending. A client’s former wife sought to include in the jointly divided property a substantial personal loan she had taken out eighteen months before the divorce. Our client maintained the funds had been spent on personal travel and purchases unrelated to the family. We obtained bank transaction records showing the disbursement of the loan funds to personal accounts and retail purchases. The court accepted the evidence and excluded the debt from the joint property division.
How we can help
Our advocates have over 10 years of experience in property and debt division cases in Belarus, including cases involving foreign nationals and cross-border credit obligations. We advise in English and Russian and can assist remotely.
📧 [email protected] 📞 +375 29 142 27 19
