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Property and matrimonial regimes

Claiming reimbursement of a joint loan with no property left to liquidate

Supreme Court · Civil Chamber · STS 1541/2025 · Appeal 4609/2020
· Note published and reviewed: 2026-10-27

The issue and the court’s approach

On the facts, an empty liquidation process was not required. The party assuming the joint loan, with the bank releasing the other borrower, could claim the corresponding contribution without a presumed waiver.

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Official source and identification

Supreme Court · Civil Chamber · STS 1541/2025 · Appeal 4609/2020 · 2025-10-31

Original explanatory note based on the official Civil Chamber weekly summary. This is not a claim to have reviewed the full judgment. The English version is explanatory, not an official translation.

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General information on Spanish law. Application depends on the facts, applicable legislation and subsequent developments.

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