In the life of a person there are not only joyful events - the wedding, buying long-awaited housing, but not so nice - the divorce and section of the proven property. How to be if the apartment is taken to the mortgage? Given the disappointing statistical data of divorces in Russia, in 60% of cases, the subject of an acute dispute is the section of mortgage debt and real estate between binding spouses. Each of the parties wishes not only to get the share of another to the property, but also to reduce their debt obligations. To achieve your own way, it will be - to come to a peaceful agreement. And in order to not think about not a fair section in the future, it is important to focus on the laws and rules set out in the family and civil legislative code of the Russian Federation.
How is the mortgage between spouses when divorced
In large parts, families draw up a mortgage during happy marriage relationships. Under these conditions, all banks are guided by one rule - housing and credit obligations are assigned to one of the spouses, but the second acts with a borrower. Moreover, in a mortgage agreement there is a separate point in which it is written that the relationship between spouses is not affected by the payment of mortgage debt. It means that:
- Husband and wife bear equal responsibility for the fulfillment of credit commitments to the bank. Accordingly, the banking organization has the right to present both during the period of marriage and after divorce, claims for non-payment of debt to both spouses or someone alone.
- Both spouses have equal rights regarding the acquired real estate, that is, formally, each participant of the mortgage transaction belongs exactly 50% of housing.
However, there are circumstances that can make a lot of complicate process - the presence of joint minor children, the mortgage agreement is issued only per spouse, or one of the participants of the transaction claims that only he paid for a mortgage loan and does not want to share his property with other family members.
How the mortgage is divided when divorced
In order not to pay for overdue payments of the former spouse, and thereby keeping our property in the property, there are several legitimate outputs:
- Talk to the Bank's lawyers and rewrite a loan agreement, dividing the apartment and debt payments.
- You can also completely exit a loan agreement, or shifting all the responsibility per spouses.
- The law allows not to change the contract, but to conclude a global agreement in a notary, in which the share of each spouse and the distribution of monthly payments will be clearly spelled out.
In the event that one of the spouses does not want to solve the case of a peaceful way or an apartment was purchased before marriage, the world court will clarify the situation. To win the case, it is necessary to prove that the apartment was purchased for family living, to provide witnesses as evidence, receipts on paying credit and utility payments.
How is mortgage when divorced if there are children
The presence and number of joint children does not affect the execution of credit obligations to the bank, but may affect the property section. In court practice, there are increasingly cases when a large proportion of housing squares is distinguished by the spouse with whom children will remain. However, in this case, the Bank's management may change credit obligations and appoint a large amount of monthly payment to the parent than the second. As you can see, the outcome may not be very pleasant.
How the military mortgage is divided when divorced
According to Art. 34 SK real estate acquired for funds from the federal budget section, selling or renewal. That is - when divorced, property remains 100% owned by the serviceman.
These rules concern and the reverse side of the question: if credit obligations are not fulfilled, all claims credit institution will make exclusively the owner of the apartment, not alarming the former afternoon.
0
435
thanks for the advice, but it is better to live in peace and love.