Removal from joint liability (desolidarisation)
The act by which a co-borrower is released from their commitment on a mortgage loan, typically following a separation or divorce. It requires the bank's agreement, which must satisfy itself that the remaining borrower can service the instalments alone. The bank may require a full reassessment of the file, a refinancing, or the provision of additional security.
Key points
- Requires the bank's explicit agreement, which re-assesses the remaining borrower's solo creditworthiness.
- The bank may require a refinancing, additional security, or higher income from the remaining borrower.
- It is formalised through a loan amendment or a full replacement loan.
- Without desolidarisation, the departing co-borrower remains legally liable for instalments.
Frequently asked questions
Can a bank refuse a desolidarisation request?
Yes. The bank has no legal obligation to agree: if the remaining borrower alone does not meet solvency criteria (HCSF debt ratio, residual income), the bank may refuse. Options then include strengthening the file (additional contribution, third-party guarantee), repaying the loan through a property sale, or refinancing with another lender. The broker identifies the most receptive institution.
What are the consequences for the departing co-borrower if desolidarisation is not granted?
Without desolidarisation, the departing co-borrower remains jointly and severally liable for the entire loan. Their commitment appears in their debt ratio in any future bank application, which can block a new property purchase. In the event of default by the remaining borrower, the bank can pursue the departing co-borrower for any amounts owed.
How does a broker help with a desolidarisation file?
The broker first assesses solo feasibility: they calculate the remaining borrower's standalone debt ratio, evaluate residual income, and identify lenders open to this type of request. They compile the full file, support negotiation with the existing bank, or arrange refinancing with a more favourable competitor. They also coordinate timing with the notary to synchronise the desolidarisation with the partition deed.
In practice
Following a divorce, Marie keeps the family home and asks the bank to release her ex-partner from the loan. The bank recalculates the debt ratio on Marie's income alone (€2,800 net/month, instalment of €780) and agrees subject to replacing the original guarantee with a conventional mortgage charge.
Official sources
- Co-borrower guarantee: divorce or separation · Service-Public.gouv.fr
- Obtaining a mortgage loan · Service-Public.gouv.fr
- Mortgage credit (official guide) · Service-Public.gouv.fr