Mortgage liability · Guide

Ex-partner stops paying the mortgage: what to do

If your ex-partner stops paying their share of the joint German mortgage, the situation can escalate quickly. Both borrowers remain liable towards the bank regardless of internal arrangements — and missed payments affect both parties.

Key points at a glance

  • If your ex-partner stops paying, you remain liable towards the bank if you both signed the mortgage.
  • Missed payments can affect both borrowers' credit scores.
  • Contact the bank early — before arrears accumulate.
  • Short-term solutions include covering the payment temporarily while exploring longer-term options.
  • The two lasting solutions are: one borrower takes over, or the property is sold.

What happens legally when payments stop?

If both spouses are named as borrowers in the mortgage agreement, the bank can pursue either or both of them for the full payment. It does not matter who lives in the property or what internal arrangements exist between the spouses. The bank's claim is based solely on the contract.

Risk for both parties

Payment arrears can affect both borrowers' credit scores and lead to formal reminders, penalty interest and — in the worst case — termination of the mortgage by the bank.

The content is for general orientation only and does not replace legal or tax advice. For legal questions, please consult a solicitor.

Immediate steps

01Ensure the next payment is made — if necessary cover it temporarily yourself to avoid arrears
02Contact the bank and inform them of the situation proactively
03Ask the bank about short-term solutions such as a payment pause or restructuring
04Seek legal advice on your rights and obligations towards your ex-partner
05Review financing options: can you take over the mortgage alone, or should the property be sold?

Short-term vs. long-term solutions

In the short term, the priority is to prevent arrears from accumulating. Even if covering the full payment alone feels unfair, it limits the damage to both parties' credit positions.

Long-term option 1: Take over the mortgage

If your income is sufficient, you may be able to take over the mortgage alone. The bank must agree and assess whether the financing is affordable for you alone.

Long-term option 2: Sell the property

Selling the property and repaying the mortgage from the proceeds ends joint liability cleanly. Remaining mortgage, early repayment penalty and net proceeds should be reviewed in advance.

Talking to the bank

Banks generally prefer a proactive conversation to the discovery of arrears. Informing the bank early — even before a payment is missed — can open up options that would not be available later. Some banks are willing to discuss temporary arrangements, payment restructuring or a change of borrower when approached in time.

Common mistakes

  • Waiting too long before contacting the bank
  • Assuming the bank will pursue only the non-paying partner
  • Relying on verbal agreements with the ex-partner as a substitute for a real solution
  • Not reviewing financing options because the situation feels unresolvable
  • Letting arrears accumulate while waiting for a legal outcome

Would you like to review your mortgage situation?

Thomas Brauner personally reviews whether you can keep the property, remove your ex-partner from the mortgage or repay the loan as part of a sale.

Free, non-binding and personal.

Frequently asked questions