Whereas in the past the couple a divorce divide marital property, now attached to it also jointly taken loans.
Each case is unique, but there are several more or less working schemes.
In the situation, if the loan was issued to one of the spouses before the marriage, it must extinguish this particular spouse.
If there is a delay on the loan, the formulation hasafter marriage, the responsibility falls on both spouses. But credit, which is made on non-target spending should be paid only to the spouse to whom the loan was issued.
In the situation, if credit is made in the marriage,and without the knowledge of the other spouse, the payment is made it so, to whom the loan is being processed. This usually requires a court decision. For the corresponding decision of the court the spouse who remained in the dark about the loan, you must provide proof of their lack of knowledge, it is, unfortunately, can become a difficult task, even for a good lawyer.
If the target credit is made to the first wife, but after the divorce proceedings thing has remained the second, it will be withdrawn on the basis of item 3 488 of the Civil Code.
If the loan registration one of the spouses acted as guarantor for the other spouse after the divorce on this debt must meet both of them.
You must know that after the divorce, therethe ability to renew any credit for a spouse, but this requires mutual consent. However, such a move may cause displeasure of the bank as a loan issued on the basis of your joint income.
With mortgages skhozha.Tak situation affected how serious amount, there are three ways to solve the problem, if one spouse does not want to repay the debt after the divorce.
The easiest option - to draw up and sign amarriage contract before marriage. The contract must specify the conditions relating to mortgages - who is the owner, the share of property ownership, proportional monthly contribution of each spouse.
If the marriage contract was not, there are twoways to deal with the situation. The first - to sell the property. Selling it can only with the consent of the bank (in the pledge of which is flat). The money raised in the sale of the apartment, go to the repayment of a mortgage loan, the remaining funds are divided between the spouses.
The second way - in the current or refinanceanother bank. This procedure is necessary to change the composition of borrowers. When a mortgage loan is fully reissued on one spouse, the other loses its right to the apartment (in the event that prior to that, he was co-borrower).