Many families now cannot imagine how they used to do without loans and credit cards. However, a family cannot always exist for a long time, unlike loans. And often a section of existing financial obligations is added to the divorce.
Necessary
- Loan agreements
- List of jointly acquired property
- List of property owned by spouses prior to marriage
Instructions
Step 1
Conclude a Peaceful Divorce Agreement - To begin with, it will be wiser for the spouses to peacefully discuss all matters pertaining to the divorce. They can be associated with children, alimony, division of property, payment of loans. Of course, disputes can arise, but it would be better to discuss them before the divorce process itself. This will save not only spouses, but also children, if any, from unnecessary problems.
Step 2
Carefully read the IC RF. The law provides for certain rules regarding the division of loans in case of divorce, which are included in the Family Code of the Russian Federation. According to these rules, as a result of the obligation of one of the spouses, the collection for the loan can be carried out only from the property of this particular spouse. In the event that the property turns out to be insufficient to pay off the loan, the bank may legally demand payments from the share of the debtor's spouse. And those shares that arose during the division of common property are distributed between the spouses in proportion to those shares that were awarded to the spouses after the divorce.
Step 3
Calculate the shares of the spouses on the property. According to the Family Code of the Russian Federation, foreclosure can be levied on the common property of the spouses for common obligations, and for the obligations of one of the spouses, in the event that the court establishes that everything received under the obligations of one of the spouses was used for meeting the needs of the whole family. For example, if one of the spouses uses a credit card, then most likely, the debt on it will be his personal obligation. If we talk about a mortgage that was taken during the marriage, then, accordingly, the property is jointly acquired property, and the debt can be divided in proportion to the shares in this apartment, which were awarded during the division of property.
