Dividing debts and loans between spouses is one of the most complex challenges in a divorce or property settlement. A notarised agreement clearly establishes who is responsible for which obligation and protects both parties' interests. Here is how the process works in practice.
1 minUnder Uzbek family law, assets owned before marriage remain the personal property of each spouse — but proving that in a dispute is another matter. Notarised documentation is the most reliable way to safeguard what is yours, both before and after the wedding. Here I explain the instruments available and how to use them correctly.
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:
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A spousal debt division agreement can cover any financial obligations that arose during the marriage:
| Type of Debt | General Approach | Points to Watch |
|---|---|---|
| Mortgage loan | Divided proportionally to ownership shares or by mutual arrangement | The bank must be notified; debt transfer is a separate legal procedure |
| Consumer loan | May be assigned to the borrower of record or split between spouses | It is important to confirm the purpose for which the funds were used |
| Debt to a private individual (promissory note) | Included when documentary evidence exists | May be challenged by the court or creditor if the loan cannot be substantiated |
| Credit card balance | Outstanding balance as of the division date | The current balance is recorded at the time of signing |
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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Notarial certification of a debt division agreement is not a mere formality. As a notary, I verify:
The general procedure is as follows:
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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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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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.
Practising private notary of the Yunusabad district of Tashkent. Certifies transactions, powers of attorney, inheritance and family documents under the law of the Republic of Uzbekistan.
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