Mortgage helped a huge number of families to acquire her housing. For many mortgage loans, this is the only opportunity to purchase your accommodation. Especially in the market now there are a lot of credit products that allow
It will only be about officially registered marriages, because the so-called «civil marriages» do not carry any legal exposure that spouses are legal relations, they will continue to be considered in the issue of the mortgage responsibilities.
In practice, when making a mortgage, one of the spouses always acts as the main borrower, or title, and another coacher, even if it does not have official income.
The bank is always advantageous to have several mortgage borrowers, in the case of a married couple we are talking about the borrower and the coacher. And as in any other loan, in the case of personal disagreements or any life situations, if one of the borrowers ceases to fulfill its mortgage obligations, then the Bank has the right to demand proper execution from the co-cooration.
In fact, the question is complicated and in each case it is solved individually!
In the case of the use of maternal capital as the initial contribution of the mortgage of spouses, a very long and difficult court session is waiting for the allocation of shares.
In this case, all children are also involved, since according to the law, the prerequisite for the use of maternal capital for the purchase of housing is the allocation of equivalent fractions in the acquired property.
Here, it is better to wait for a full payment of mortgage, and then in a peaceful order, if possible, divide the share between all owners without litigation.
The best option will be if the spouses are able to negotiate peacefully and without trial. To decide who will pay for mortgage monthly payments — one spouse or both in equal parts.
If the relationship is no longer confidential, and there are doubts that after a peaceful agreement, one of the spouses will cease to execute credit obligations, then it is worth contacting the notary, where all this will be enshrined in writing.
This transaction is carried out only with the permission of the bank and under its control. Such transactions are less in demand on the market, so the bank will look for a long time for a buyer, but ultimately, there is a chance that the buyer is found.
Then the money received from it will go to pay for a mortgage loan, and the remaining amount, if it is, will share between spouses equally. In this case, the spouses are deprived of the housing and mortgage commitments.
From the above, follows