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Legal complexities of mortgage and alimony in Polish divorces
Legal complexities in Poland persist regarding financial obligations following divorce or separation. A 2024 study by 'ANG Odpowiedzialne Finanse' indicates that mortgage debt is a significant factor keeping couples together, with 35 percent of respondents citing it as a reason to remain in a relationship.
Divorce does not automatically release a person from joint mortgage liabilities. Even if a court awards property to one individual during the division of assets, both parties remain responsible to the bank until the lender formally agrees to amend the contract. Potential solutions to transfer debt include refinancing, adding a new co-borrower, buying out shares, or selling the property, provided the remaining party has sufficient creditworthiness.
Additionally, divorce does not always terminate financial support obligations. Spouses may be required to pay alimony to an ex-partner, and the duration of these payments is not always limited to a five-year period, depending on the circumstances and the legal basis for the marriage dissolution.