How is mortgage divided when divorced?

Mortgage credit lending

It is worth noting that these situations arise much more often than we think. After all, mortgage debt liabilities are distinguished by their duration. On average, they are purchased for a period of 10-15 years. During such a large period of time in a married couple, a lot of unforeseen circumstances may occur, which will require a response to the question.

It would seem that this question is the easiest. In accordance with Article 36 of the Family Code of the Russian Federation, which states that everything, including credit commitments and real estate, remains a borrower. After all, the conclusion of the loan agreement and the design of property rights is marriage. However, this issue should take into account some more rules that make certain adjustments.

In particular, these are Articles 34 and 37 of the Family Code of the Russian Federation. Article 34 explains that the income of each family members are common property, that is, all spent funds in marriage are divided into both spouses. Which in turn flows into Article 37, which states that if the spouses produced attachments, the property is recognized as joint property. For example, investing cash in repair or redevelopment.

Thus, the spouse, which is actually not a borrower on a loan agreement, can qualify for a certain remuneration from this property. It can be either remuneration in the form of money or share in real estate. However, this is possible only if the spouse can prove the fact of participation in spending on this property by providing relevant documentation.

As a result, it can be said that despite its simplicity, this option is quite complicated, as it requires documentation confirmation, which is not so easy to do.

If we consider a profile program, then the military mortgage is not subject to separation between spouses, and remains in full at the borrower, that is, the apartment itself and debt. This is due to the fact that the payment is made by Rosvoenipotek, and until full repayment is not shared by property.

If the program of mortgage lending is standard, then it is worth considering three nuances of the conclusion:

Everything is very simple, if there is a marriage contract, it does not matter mortgage before marriage or during, there are children or there are no them — the owner is one one, which is a loan to whom. This option is quite popular among borrowers. Moreover, it provokes often financial organizations that are trying to minimize risks from further difficulties due to the divorce.

If both spouses are involved in the transaction, where one acts as a borrower, and the other co-serviceer, then the property will share equally. This applies not only to the ownership itself, but also credit funds.

In accordance with the legislation of the Russian Federation, mortgage housing is shared by property, and the debt on it is shared acquired. This question is rare enough, since at the current time banks require a borrower to attract a spouse or as a coacher or enter into a marriage contract.

Often, an equal section of real estate is made, that is, if there are 4 children in the family, then everyone will receive 25% of the apartment. 3 \ 4 shares are granted to the spouse with whom children remain, if they are minor. Debt liabilities can be divided equally in spite of those who will live with children. Since the country’s right in the country is protected at a special level, this issue will be solved in court, and the division of ownership will be carried out by the decision of the judge.

Now you know what is happening with property and credit obligations when divorced between spouses. We hope that this information was useful for you.

volume_up