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Will my friend have to pay back half the loan his ex-wife took out in Poland?


Karl1983 7 | 40
14 Apr 2010 #1
Hi, I am writing this thread on behalf of my friend and was just wondering if someone might know some information on Polish law to help him out. My friend is Polish, and has lived in Nottingham, England for four years. He married his long term girlfriend, who is also Polish last year in Poland. She has also lived in England with him for the same period. Unfortunately, in September last year she left him for another man. As a result they have since divorced. Their divorce was passed in a court in Poland. The problem he has is that last year after they married, his ex wife took out a loan and gave the money to her family in Poland, her brother even brought a car with the money. My friend did not sign for the loan, it was only signed in the name of his ex wife.

After they split she initially said that she did not want anything from him, however, she is now demanding that he should pay half the loan repayments, and has threatened him with legal action. The loan was taken out by her in Lloyds TSB. This is an English bank and there are no branches in Poland. If she wants to take civil action against him, can she pursue this in Poland or is this a matter for the English courts? Furthermore, now they are divorced does he even have to pay anything back? I would really appreciate some help on this one as my friend is a geniunely nice guy and just wants to get on with his life, and put this chapter behind him. Thank you if you can help me with this one.
f stop 25 | 2,513
14 Apr 2010 #2
divorce decree should have some mention of how assets and debts will be devided. If they are to be split equally, he might well be responsible for half of the loan.
love_sunil80 14 | 127
14 Apr 2010 #3
At the time of divorce they should have mentioned about joint assets, loans, credits etc. If this is mentioned in the divorce decree then he is obliged to pay the loan partially. Also as per the law if two people are married and if anyone buys a property, assests or takes a credit it has to be borne by the both the person. It is also important to know how was divorce decree made, was it no fault divorce or was it husband or wife side fault divorce.
z_darius 14 | 3,968
14 Apr 2010 #4
After they split she initially said that she did not want anything from him, however, she is now demanding that he should pay half the loan repayments, and has threatened him with legal action.

Normally, (in the absence of child support claims) the financial split under Polish law is 50/50 with some exceptions (personal effects, items necessary to ear a living, pre- and post- marriage property, inheritance, copyrights etc)

For this reason she cannot keep the entire car but pay only half of the cost (that would make the split 25/75 to her benefit). Moreover, Polish courts may consider the degree in which the man and the woman contributed to the financial situation before they were legally separated as well as blatantly dishonest financial moves on the part of one of the partners. So while there are some general rules, the court will consider individual cases form what it would consider a fair approach.

However, I am not a lawyer and this forum is unlikely to be a source of reliable information on the subject.

e-prawnik.pl
(in Polish, but perhaps someone could help there)
Wroclaw 44 | 5,387
14 Apr 2010 #5
The loan was taken out by her in Lloyds TSB.

Do Lloyds TSB just give money away ? Don't they ask what the loan is for ?

It just seems odd to me that a bank would give out money for a third party to buy a car.

A loan without reason is just an overdraft.
OP Karl1983 7 | 40
14 Apr 2010 #6
Thank you everyone for your comments, I do not know nor does my friend the reason she gave for taking out the loan. Judging by the fact Lloyds TSB was one of the worst hit banks during the recession, that might well explain why. Thanks again.
Wroclaw Boy
14 Apr 2010 #7
The loan should have required a dual signature, if not hes in the clear, tell Lloyds TSB that.

How much was the loan for?
z_darius 14 | 3,968
14 Apr 2010 #8
The loan should have required a dual signature

Unless it's a banks credit card or line of credit.
Wroclaw Boy
14 Apr 2010 #9
his ex wife took out a loan and gave the money to her family in Poland, her brother even brought a car with the money. My friend did not sign for the loan, it was only signed in the name of his ex wife.

Dual account, dual signatures, thats the way it works in the UK unless other wise agreed, first thing he should have done was visit the bank and sort that shite out.
OP Karl1983 7 | 40
14 Apr 2010 #10
They did have a joint bank account but he did not want to take out a loan and it was only for her in her name, incidentally the loan was for seven thousand pounds, and not all the money went on the car. It was used to pay off some of her mother's debts and buy her new cabinets, which incidentally my friend put up for her even though his ex wife's brother is a builder - nice family.
z_darius 14 | 3,968
14 Apr 2010 #11
Dual account, dual signatures

Unless the UK has some severe restrictions, not with credit lines or lines of credit.
I am not asked for my wife's signature when I fill up at the gas station and use a credit card.

incidentally my friend put up for her even though his ex wife's brother is a builder - nice family.

That complicates the matters as he appears to have accepted the cost. Still, her keeping the car but paying only 1/2 of the loan (as she wants to) is still not a 50/50 split between the two of them. Now, if the car was given to her mother then it was a gift he approved of and thus the car is not subject to the 50/50 split.
Wroclaw Boy
14 Apr 2010 #12
They did have a joint bank account but he did not want to take out a loan and it was only for her in her name

He needs to get a copy of the loan agreement from the bank, its all there. She's trying to pull a fast one thats all. Sounds as though shes relying on his vulnarability to pull this one off, tell him to speak to the bank, explain the situation - thats it. Done and dusted.
OP Karl1983 7 | 40
14 Apr 2010 #13
I understand what you mean by dual signatures but he definently did not sign for it, hence the fact she is looking into ways to make him liable for it as well.
Wroclaw Boy
14 Apr 2010 #14
Even if they claim he should pay half, fcuk em. Their the coonts that got us into this financial mess in the first place.

Here's my legal advice - fcuk em.....
z_darius 14 | 3,968
14 Apr 2010 #15
good advice, but he already did that and it's costing him ;)
plk123 8 | 4,150
14 Apr 2010 #16
you should seek legal advice for a LAWYER!.. you're welcome. :)
Wroclaw 44 | 5,387
14 Apr 2010 #17
She's trying to pull a fast one thats all.

Agreed.

He has to check all the documents, if only to build up a case.
f stop 25 | 2,513
14 Apr 2010 #18
hey, you might be part owner of a house in Poland! Check what she bought during marriage.
ShawnH 8 | 1,498
14 Apr 2010 #19
And half owner of the debt?
Amathyst 19 | 2,702
14 Apr 2010 #20
Hi, I am writing this thread on behalf of my friend and was just wondering if someone might know some information on Polish law to help him out.

Tell him to get a copy of the loan agreement, if he hasnt co-signed a loan, he can say the the bank was negligent not in ensuring that this was done on a joint account, he can also say what she did was frauduent and could bring a whole host of $hit upon her...If I was him I threaten her with this and then see how much futher she wants to take it! We take fraud very seriously in the UK and the bank could be in s$it for not having 2 signatures on a loan on a joint account.

Thank you everyone for your comments, I do not know nor does my friend the reason she gave for taking out the loan. Judging by the fact Lloyds TSB was one of the worst hit banks during the recession, that might well explain why. Thanks again.

They tightened their belts they didnt give money out without good reason, it would be interesting to know what she said the loan was for, because I know for fact she wouldnt have got it had they know the real reason.

By the way why on earth would any one bank with TSB? They are the worst bank in the UK!
Ozi Dan 26 | 569
15 Apr 2010 #21
you should seek legal advice for a LAWYER!.. you're welcome.

Agreed. Whilst some of the comments here are made in good faith and in the spirit of assisting someone in need I urge you to tell your friend INSTRUCT A LAWYER IMMEDIATELY.

Have your friend do an online search for whatever body regulates lawyers (here in Oz we call them 'Law Society's'), call them and request a list of lawyers in his area.

Given the divorce seems to now be absolute, there could be time limits in respect of prosecuting his case against the ex, thus he should act immediately to preserve his interests.

No one comes to a forum to seek expert advice on dentistry, accounting and so on, so why would you seek legal advice here? I hope you get my point.

If he has difficulties in tracking down a lawyer, send me a PM with where he lives and I will try to track down some assistance either through a private lawyer or a lawyer who may act under a grant of legal aid from the government if your friend is hard up.

Time is of the essence here.
richasis 1 | 419
15 Apr 2010 #22
Do Lloyds TSB just give money away ? Don't they ask what the loan is for ?

Yes + No = Crisis


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