Question 80: When the division of the common properties of the spouses deals with real estate which is mortgaged by a bank and/or currently still being leased to the third party for business/residence at the time of divorce, what are the husband’s and the wife’s obligations towards the bank and the lessee after dividing the properties?
According to the applicable law, spouses have the following common obligations after divorce regarding the obligations arising from[2]: The transactions established under their agreement and their joint liability are prescribed by law; the possession, use and disposition of the common properties; and the performance by a spouse in order to meet the family’s essential needs….
