standard scheme of separation is often complicated legal problems, as in the case of partition of the mortgage after divorce people have many questions.How to dispose of a civilized mortgage?What if it will pay only one spouse?And whether it will in this case have a large piece of real estate?
See also: Path of a young family getting a home loan.
These and many other questions, we learned the answer from experienced lawyers, read below all sharing the mortgage in a divorce spouses.
As with divorce divided mortgage?
former spouse is taken into account that the bank (lender) they are the same (joint and several) liability.On this basis, bank has the right to demand performance of the contract by any of the borrowers partial and full.
Therefore the former couples are such options:
- continue to live with their mortgage payments.
- enter into a written agreement to buy out the share (s) of one of the co-borrowers.
- Create a written contract to continue mortgage payments, but the subsequent sale of the apartment, and bought out the income section of the sale.
- Early repayment mortgage.
- bedroom apartment.
How to share a mortgage in a divorce through the courts?
Usually mortgage contract states that divorce borrowers is not the reason for changing credit obligations .But if the divorcing couple have a child of a minor age, the divorce is carried out only after the filing of the suit and its decisions in court.On this occasion, the couple want to legalize all the questions, including the mortgage.
So, according to the Family Code of the Russian Federation, all common marital property should be divided in half , including at the apartment.However, if the child is reviewed section shares in favor of the parent with whom the child remains. The other parent has the right to demand compensation of its share.
usually for trial involved and the lender (bank).He is entitled to impose foreclose on the mortgaged property under a mortgage agreement to fix outstanding commitments, for example - the delay or non-payment of the monthly payment.
In practice, this leads to the fact that the apartment goes to the bank and former spouses remain "holding the bag."Therefore better address such issues peacefully together followed by legal support, which may come into force after the repayment of bank debt.
As a peaceful solution can be: sale of real estate or early return of the loan .
How to divide the mortgage in case of divorce is most advantageous?
If you are unable to agree on who will receive compensation in the form of money, and who - the apartment, the sole owner of becomes only one person , who must then comply with loan commitments.
To do this you need to come to the bank and renew the current mortgage agreement .Most likely, the bank will verify the solvency of the future owner of the apartment, and, making sure to change the loan agreement.
How to divide the mortgage in case of divorce, to continue to pay, without claiming their share?
This noble option is impractical because credit obligations and ownership of the property are inseparable. legally and economically it is not possible, so the bank would never approve such a request.
From all this follows the conclusion that the apartment in the mortgage is actually divided in a divorce can not be, and it sale entails a significant loss for both spouses .It is therefore desirable to solve all amicably, out of court.
Difficulties section mortgage can be prevented if register in the marriage contract : who and how many will pay per month in the case of divorce, who will be the owner and in what proportions , who pays every month during the marriage and makes the originalFee and other.