If in the past the spouses shared the jointly acquired property during divorce, now joint loans are also attached to it. Each case is unique, but there are several more or less working schemes.
Instructions
Step 1
In a situation where the loan was issued to one of the spouses before the marriage, it is this spouse who must repay it.
Step 2
If there are delays on a loan, issued after the marriage, all responsibility falls on both spouses. But a loan that was issued for inappropriate spending should be paid only by the spouse for whom the loan was issued.
Step 3
In a situation where the loan was issued already in marriage, and secretly from the second spouse, its payment is made to those for whom the loan was issued. This usually requires a court order. To obtain an appropriate court decision, a spouse who remained in the dark about the loan must provide evidence of his ignorance, this, unfortunately, can be a difficult task even for a good lawyer.
Step 4
If a targeted loan was issued for the first spouse, but after the divorce procedure, the thing remained with the second, it will be withdrawn on the basis of clause 3 488 of the Civil Code of the Russian Federation.
Step 5
If, when applying for a loan, one of the spouses acted as a surety for the other spouse, after a divorce, both must be responsible for this debt.
Step 6
You need to know that after a divorce, it is possible to reissue any loan for one spouse, but this requires mutual consent. However, such a step may cause displeasure with the bank, since the loan was issued on the basis of your joint earnings.
Step 7
The situation is similar with mortgages. Since the amount involved is large, there are three ways to solve the problem if one of the spouses does not want to pay off the debt after the divorce.
Step 8
The easiest option is to draw up and sign a marriage contract before marriage. The contract must specify all the conditions regarding the mortgage - who is the owner, the share of ownership of the property, the proportional monthly contribution of each spouse.
Step 9
If there was no marriage contract, there are two ways to deal with the situation. The first is to sell the property. It can be sold only with the consent of the bank (which is the pledge of the apartment). The money received from the sale of the apartment goes towards repayment of the mortgage loan, the remaining funds are divided between the spouses.
Step 10
The second way is refinancing at a current or another bank. This procedure is needed to change the composition of borrowers. When a mortgage loan is completely reissued for one spouse, the second loses his rights to the apartment (if he was a co-borrower before).
