https://avukati-mt.com/questions/what-happens-to-jointly-owned-debt-after-a-divorce-in-malta/ Search for lawyers Sun, 12 Jul 2026 01:25:30 +0000 hourly 1 https://wordpress.org/?v=7.0.4 https://avukati-mt.com/questions/what-happens-to-jointly-owned-debt-after-a-divorce-in-malta/#comment-886 Sun, 12 Jul 2026 01:25:30 +0000 https://avukati-mt.com/questions/what-happens-to-jointly-owned-debt-after-a-divorce-in-malta/#comment-886 Yes, the division that takes place upon separation or divorce under the community of acquests regime, governed by the Civil Code, Chapter 16 of the Laws of Malta, generally addresses both assets and liabilities that fall within the community, meaning jointly incurred debts, such as a mortgage taken out during the marriage for a shared property, are typically factored into the overall division alongside the community’s assets, rather than being ignored or left entirely separate from the property settlement. In practice, how a specific joint debt like a mortgage is actually handled often depends on what happens to the underlying asset it relates to, for example if one spouse keeps the family home, arrangements are usually needed either to have that spouse formally take over the mortgage in their sole name, subject to the lender’s agreement, or to otherwise account for the outstanding debt in how the overall assets are divided between you. It’s also important to remember that your obligations to a lender, such as a bank holding a joint mortgage, are a separate legal relationship from your divorce settlement between yourselves, meaning changes agreed between spouses regarding who is responsible for a debt generally still need to be formally reflected and accepted by the lender itself, which is a practical step that shouldn’t be overlooked.

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