During the divorce, it is divided not only to jointly acquired property, but also jointly htivated debts. However, if one of the spouses prove that he did not use the thing that was purchased for credit funds, he has every chance to avoid imposing other people's loans.
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If it is decided to divorce, it should be calmly discuss all the nuances regarding the property division, debts. It will be much easier to come to a common opinion and referring the situation in the home environment, without waiting for the court session. It should be understood which loans to the family that they were taken and who used credit funds (or things purchased on them). Accordingly, it will be logical so that the loan pays the spouses who used the money received. For example, mortgage debts will be appropriate to divide between both spouses, and on a credit card, most likely, debts will have to pay it to the owner. If there are a peaceful divorce agreement in which all important points will be indicated, there is no need to share the property in court. It is not necessary to comprise this agreement.
2
In the Family Code of the Russian Federation, rules regulating the loan section due to divorce are described. So, the information is that the loan recovery should be carried out from the property of that spouse on which the loan was issued. If this property is not enough, the bank has the right to demand debt repayment with the share of the debtor's spouse. And the shares arising in the division of common property are subject to proportional distribution, based on the share awarded by the spouse after the divorce. Also in the law it is indicated that the penalty can be addressed to the joint property of spouses according to their general obligations, and on the obligations of one spouse in the event that in court it will be established that the funds received on the obligations of one of the spouses were spent to satisfy the general Family needs. So, in the case of a mortgage decorated during the period of marriage, the Court usually awards to divide the debt on the loan in proportion to real estate shares awarded in the division of property.
3
Banks for their part are insured in case of unforeseen circumstances. So, often the spouse is indicated in the contract as a coacher, then when divorced a loan will be divided equally. If the spouse (spouse) provides a written consent of the second half for the design of the loan, this confirms the informance of the subscribing part of the presence of a loan. In this case, the "injured" party can no longer be able to declare in court that she did not know about the design of the loan, did not use these means. A rather common practice is to design a guarantee on a spouse (spouse) of the borrower. Then the bank has the right to attract the guarantor to pay even after a divorce if the borrower does not fulfill the loan obligations. As for the credit itself, the bank is not profitable to reissue one mortgage into several, so the banks often object to the division of credit duties during divorce. In this case, the borrower can, as before, acting one of the spouses, and the second will reimburse him his share determined by the court.
If there is a notarized marriage contract, the property section (debts including) occurs under the conditions described in this document. You can specify which property will be departed to someone from the spouses or point out that everything will be divided in half, or in shares (for example, 1/3 of real estate - Wife, 2/3 - to her husband). Accordingly, loans taken to acquire the specified property will be divided in proportion to shares. Form of marriage contract and An example of a marriage contract You can download on our site.
Form of marriage contract and 
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