Mortgage and divorce – Answers of lawyers: how the mortgage is divided when divorced?

How to divide the mortgage when divorced? Read on Lady-Magazine.com, how to divide the mortgage when divorced spouses. Find out the answers to the main questions about the mortgage section in case of divorce

The standard separation scheme is often complicated by legal issues, and in the case of a mortgage section after a divorce, people have many questions. How to dispose of mortgage? What will happen if only one spouse is paid? And whether it will be in this case to have a majority of real estate?

See also: The way to get a young family loan for housing.

These and many other questions we learned the answer to experienced lawyers, read below All about the section Mortgage when divorced spouses.

How the mortgage is divided when divorced?

Former spouses should be borne in mind that in front of the bank (creditor) they carry the same (solidar) responsibility. Based on this, The Bank has the right to demand the fulfillment of the terms of the contract from any of the borrowers in part and full size.

Therefore, such options remain at the former couples:

• Continue joint accommodation with mortgage payments.
• To conclude a written contract for the purchase of a share (part) one of the coaches.
• Create a written agreement on the continuation of mortgage payments, but the subsequent sale of the redefined apartment and the income from the sale.
• Early repayment of the mortgage.
• Apartment sale.

How to divide the mortgage when divorced through the court?

Typically, the mortgage agreement states that The dissolution of the borrowers is not the reason for changing credit obligations. But if a diluted couple has a child of a minor age, then the divorce is carried out only after filing the claim and its decision in court. Taking this opportunity, spouses want to legalize all questions, including mortgage.

So, according to the Family Code of the Russian Federation, All common htizes must share in half, including the apartment. However, if there is a child is revised The section of the share in favor of the parent with whom the child remains. The other parent has the right to demand monetary compensation for his share.

Usually the lender is also attracted to the legal proceedings. He is entitled impose a penalty for the property laid on the mortgage agreement To correct the incomplete obligations, for example – delays or non-payment of monthly payment.

In practice, this leads to the fact that the apartment passes the bank, and the former spouses remain « with nose». therefore it is better to solve such issues peacefully with each other followed by legal support that can enter into force after paying off bank debt.

As a peaceful solution may be: Sale of real estate or early return of the loan.

How to divide the mortgage when divorced is most profitable?

If you were able to agree on who will receive compensation in the form of money, and who is an apartment, then sole only one person becomes the owner, which must subsequently comply with credit obligations.

To do this, you need to come to the bank and re-inform the current mortgage agreement. Most likely, the Bank will check the requirements of the future owner of the apartment and, making sure, will change the loan agreement.

How to divide the mortgage when divorced to pay in the future without claiming his share?

This noble version is impossible, because Credit obligations and ownership of real estate inseparable. Legally and economically it is impossible, so the bank will never approve such a petition.

From all this it follows that the apartment in the mortgage in the divorce is actually divided by can not be, but her Sale entails a significant loss for both spouses. Therefore, it is desirable to solve everything lovely, in pretrial order.

Difficulties of the mortgage section can be prevented if prescribe in the marriage: Who and how much will pay per month in case of divorce, Who will be the owner and in what fractions, Who pays every month during marriage and makes the initial contribution and others.