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How to divide loans in a divorce


How to divide loans in a divorce</a>

If in the past the spouses divorced their property together in a divorce, now they also apply to the loan together.

Each case is unique, but there are several more or less working schemes.



In a situation where a loan was issued to one of the spouses before the marriage, this spouse must extinguish it.


If there is a delay in the loan already issuedAfter the marriage, all responsibility falls on both spouses. But the loan, which was drawn up for inappropriate spending, should be paid only by the spouse to whom the loan was issued.


In the situation, if the loan was registered already in the marriage,And secretly from the second spouse, his payment is made to those on whom the loan was drawn up. Usually this requires a court decision. In order to obtain a relevant court decision, the spouse who remained unaware of the loan must provide proof of his ignorance, which, unfortunately, can be a difficult task even for a good lawyer.


If the target loan was registered with the first spouse, but after the divorce procedure the thing remained with the second, it will be withdrawn on the basis of item 3 488 of the Civil Code of the Russian Federation.


If, during the registration of a loan, one of the spouses acted as a guarantor for the other spouse, after the divorce on this debt both must answer.


It is necessary to know that after the divorce there isThe ability to re-arrange any loan for one spouse, but this requires mutual consent. However, such a step can cause displeasure with the bank, since the loan was drawn up on the basis of your joint earnings.


With mortgage loans, the situation is similar. As serious amounts are involved, there are three ways to solve the problem if one of the spouses does not want to repay the debt after the divorce.


The easiest option is to compose and signMarriage contract before marriage. In the contract it is necessary to indicate all the conditions relating to the mortgage - who is the owner, the percentage of ownership of the property, the proportional monthly contribution of each spouse.


If there was no marriage contract, there are twoWay to deal with the situation. The first is to sell the property. You can sell it only with the consent of the bank (in the mortgage of which the apartment is located). The money received during the sale of an apartment goes to the repayment of a mortgage loan, the remaining funds are divided between the spouses.


The second way is to refinance in the current orAnother bank. This procedure is needed to change the composition of borrowers. When the mortgage loan is completely reissued for one spouse, the second loses its rights to the apartment (in the case if before that he was a co-borrower).

How to divide loans in a divorce Was last modified: June 21st, 2017 By Gymbierm
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