Spousal Agreement on Division of Loans and Debts: How to Notarise It in Uzbekistan

Why You Need a Debt Division Agreement

When spouses decide to divide jointly acquired assets, the question of shared debts and loans is often more complicated than splitting an apartment or a car. Debts taken on during the marriage for family purposes are generally treated as joint liabilities — meaning both spouses remain legally responsible for them. A notarised agreement on the division of loans and debts records the parties' arrangements in a legally binding document and prevents future disputes.

In my practice, I regularly encounter situations where, after a divorce, one spouse continues making payments on a loan that is formally registered in the other spouse's name — and without a written agreement, proving one's rights becomes extremely difficult.

Key points to understand:

• Joint marital debts are those incurred for family needs, regardless of which spouse signed the loan agreement with the bank.
• Personal debts of each spouse — those taken before the marriage or for purely personal purposes — are generally not subject to division.
• Notarisation gives the document evidentiary weight and enforceability.
• A separate consent from the creditor (bank) may be required to formally transfer a debt — this is a critical detail that cannot be overlooked.

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What Can Be Included in the Agreement

A spousal debt division agreement can cover any financial obligations that arose during the marriage:

I strongly recommend gathering up-to-date statements for all credit obligations in advance — this ensures the agreement is precise and leaves no unresolved gaps.

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The Notary's Role and the Certification Process

Notarial certification of a debt division agreement is not a mere formality. As a notary, I verify:

• the identities and legal capacity of both parties;
• that the document is signed voluntarily and with full understanding;
• that the content of the agreement complies with the legislation of the Republic of Uzbekistan.

The general procedure is as follows:

• Both spouses (or former spouses) attend the notary's office together.
• They present the required documents.
• The notary explains the legal consequences and assists with drafting the wording where necessary.
• The agreement is signed in the notary's presence and certified.

Important: the agreement between spouses does not in itself obligate a bank or other creditor to amend the terms of a loan contract. To formally transfer a debt to one spouse, a separate consent from the creditor is required. The notarised agreement records the obligations between the spouses themselves — specifically, who will compensate payments if the other spouse remains the named borrower under the original contract.

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Documents to Bring

• Passports of both spouses
• Marriage certificate or divorce certificate
• Loan agreements and current statements showing the outstanding balance
• Title documents for any asset linked to the loan (e.g., property documents for a mortgaged apartment)
• Promissory notes or loan agreements (if debts to private individuals are involved)
• Where applicable — documents confirming the purpose of the loan (receipts, purchase agreements)

Please verify the current notarial fee with your notary at the time of your appointment, as tariffs are subject to periodic revision.

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Frequently Asked Questions

Can a loan be divided without the bank's consent?

Between the spouses themselves — yes. The agreement will record who is actually responsible for the payments. However, a formal transfer of the debt to a different borrower cannot be effected without the bank's consent; that requires a separate procedure involving the creditor.

Is notarisation of such an agreement mandatory?

Under Uzbek law, a written form is permitted; however, notarial certification significantly strengthens the document's evidentiary value and reduces the risk of future disputes. In practice, I strongly recommend the notarised form.

What if one spouse refuses to sign the agreement?

In that case, the division of debts is resolved through the courts. The court independently determines which debts are joint and which are personal.

Can future debts be included in the agreement?

No. The agreement covers only existing obligations. Future debts are governed by a prenuptial or marital property agreement, which must be entered into in advance.

Does the agreement apply if the loan is already in arrears?

Yes, an agreement can be concluded even where a loan is overdue. In such cases, it is especially important to clearly record all amounts — including accrued interest and penalties — as of the date of signing.

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> Please note: this article is intended for general informational purposes only and does not substitute for individual notarial advice. Every situation has its own specifics, which must be considered on a case-by-case basis.

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If you wish to formalise a loan and debt division agreement in Tashkent, I invite you to schedule a consultation at my notarial office in the Yunusabad district. I will help you clarify the details of your situation, draft the agreement terms correctly, and certify the document in accordance with the requirements of the legislation of the Republic of Uzbekistan.