Dear questioner,
as long as the husband can service the loan alone, nothing will change for the husband.
The insolvency of the wife means that the bank cannot demand any further payments from her after the residual debt has been discharged, but the husband remains fully obliged to pay, see §§ 43 Inso and § 421 BGB.
Section 43 Liability of multiple persons
A creditor to whom several persons are liable for the same performance as a whole may, in insolvency proceedings, claim against each debtor the entire amount that he was entitled to claim at the time the proceedings were opened, until he is fully satisfied.
Section 421 joint and several debtors
Several debtors owe a performance in such a way that everyone is obliged to effect the entire performance, but the obligee is only entitled to demand performance once (joint debtors), the obligee may, at his discretion, receive the performance from each of the obligors in whole or in part support financially. All debtors remain obligated until the entire service has been rendered.
If there are still payments from the insolvency estate during the insolvency, these will be credited in favor of the husband.
I hope that I have answered your question satisfactorily and wish you a nice weekend.
Kind regards,
RA Fabian Fricke
–
