Mortgage in case of divorce: division of credit real estate between ex-spouses. Recommendations for the section of mortgages in case of divorce

Any property acquired by the spouses after the wedding will be considered jointly acquired and will be divided in half in case of divorce. This is clearly stipulated in the Family and Civil Codes of the Russian Federation. An apartment purchased with a mortgage will not be an exception, even if your husband was the main borrower, and it is completely in his property.

Another order of division is also possible, if the spouses have entered into a marriage contract and it indicates how the apartment is divided in the mortgage upon divorce. But in our country this method of legal consolidation of family relations is not popular.

The bank needs to know about the divorce

How is the mortgage divided in case of divorce? The first instance that you must notify about a change in marital status is the bank where the mortgage was issued. At the same time, it is advisable to come to them with a ready-made decision made by you and your already ex-spouse. There can be three of them:

You find the necessary sum of money, extinguish mortgage, sell an apartment and divide the proceeds in half. This is ideal. In practice, it is not so easy to implement it.

You can also try to negotiate with the bank to sell an apartment that is in a mortgage. From the proceeds, you can pay off the debt, and divide the rest. There are many nuances here.

First, banks are reluctant to accept such conditions. Secondly, you are unlikely to help out large amount from such a sale. And, thirdly, a rare buyer wants to deal with the purchase of an apartment as collateral from a bank.

You decide with the bank the issue of dividing mortgage payments and each pay your share. There are also many nuances here.

Firstly, in the apartment you need to allocate a share to each spouse, and if you have children, to each child. But, for example, in a one-room apartment it is problematic to do this. Often this issue needs to be resolved in court sessions, and this process is long and tedious.

An apartment in a mortgage is not divided during a divorce proceedings, and its sale can entail significant losses for two spouses. Thus, it is better to solve everything amicably, without going to court.

Some facts

There may be no controversial situations, including with property, if you draw up a marriage contract. This can be done: before the wedding, in the process of family life. However, marriage contracts are concluded by about 5% of citizens aged 35-45, who have already experienced a painful divorce with the division of property.

Secondly, it is not a fact that each spouse has sufficient income and solvency to pay off his part of the mortgage on a monthly basis. The bank is very sensitive to this circumstance.

Thirdly, according to the law "On Mortgage", the share allocated in a residential building cannot be pledged. Therefore, the bank is very reluctant to go for this option. And another important question. For example, you separated from your husband, two children remained with you. Purchased on a mortgage three bedroom apartment using maternity capital funds. By law, in this apartment, you must allocate 14 shares to the children after the mortgage is paid off. In this case, the answer to the question of what to do with the mortgage in case of divorce and which of the spouses should take on the responsibility to pay off the mortgage on the shares of the children will help to resolve only the court.

One of the spouses formalizes the apartment, acquired with a mortgage, into his sole property, and the burden of repaying the mortgage loan falls only on his shoulders. In this case, the second spouse must necessarily agree with this decision. The spouse who takes the mortgage on himself must be solvent in the eyes of the bank.

Perhaps a bank or mortgage organization will offer you their own option. And he has the right to demand immediate early repayment credit.

When divorcing, spouses must understand that the living space acquired in marriage belongs to both, no matter who bought it and who is listed in the documents. Only mutual agreement on an equivalent section will save you from nerves and wasted time.

You still need to pay

Disorder in family relationships and subsequent divorce is, of course, stressful for everyone. But still, do not forget about your loan obligations. Also, the question is, , - one of the most difficult.

At least one of the spouses should act wisely and make monthly payments towards the repayment of the mortgage. Otherwise, you will also have to share the debt for late payments.

If you make a monthly payment on your share (it does not matter if the mortgage apartment is divided in the event of a divorce between you and your spouse in judicial procedure or not yet) or completely, then you will always be able to collect the unpaid part of the mortgage from the unscrupulous spouse through the court.

By the way, when re-issuing a mortgage agreement and changing its conditions, the bank will require to pay 0.5 - 1% of the amount of the balance of the mortgage debt.

If the apartment was purchased before the wedding

In case of divorce, only the spouse who entered into loan agreement... But the second may demand through the court compensation for half of it. Money that were spent during the marriage to pay off the mortgage loan.

Some facts

It is very difficult to recover property where minor children are registered. The court will require the involvement of the administrative bodies of guardianship, guardianship and the prosecutor's office.

The second spouse may have claims to the specified apartment if the bank knew about the change in the marital status of the borrower, and the second spouse became a participant in the mortgage as a surety.

Mortgage in a civil marriage

Informal marriage is not regulated in any way by family and civil law. Therefore, the owner mortgage apartment in the event of separation of the common-law spouses, the one for whom the loan agreement is drawn up will become.

And if any of the roommates does not agree with this outcome, there is only one way - to court. Just to win it, you need to enlist the help of very good lawyers. And be patient - to prove your claims in such a case is much more difficult than just agreeing on a payment.

Divorce registration in the presence of children is a difficult and lengthy procedure (we talk about all the nuances in detail), but if there are also disputes about the division of property, and even credit, then the litigation can drag on even for many months. By agreeing amicably, you will save a large number of silt, nerves, and money.

Mortgage and divorce of spouses are difficult to reconcile concepts. Therefore, getting married and purchasing housing on a mortgage, you need to think about concluding a marriage contract.

If you still have questions about how to share an apartment in a mortgage in case of divorce, then ask them in the comments

Divorce proceedings are always associated with legal problems that relate to the division of jointly acquired property.

If this property was also acquired through a mortgage, the situation becomes noticeably more complicated..

Sometimes the division of mortgage obligations takes a lot of time and effort. That is why, before you go to the registry office for divorce, you should study all the nuances of these obligations.

Dear Readers! Our articles tell about typical solutions legal issues but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the phones below. It's fast and free!

Section of an apartment in a mortgage through the court: what documents are needed?

Often, ex-spouses cannot come to a basic agreement on payments.

In this case, they should contact lawyers and the appropriate courts... To prove your rights to a mortgage apartment, you must provide a whole range of documents.

So, what papers do you need to split the mortgage?

Everything documents from the bank for real estate.
Copies and originals identity documents former spouses.
Divorce certificate confirming the new status of the borrowers.
Statement from the bank, indicating the degree of repayment of the mortgage loan.

These are the basic documents that ex-spouses will need. Usually the division of mortgage debts is divided equally if the two parties do not have any circumstances that change the court decision.

For example, if the couple has a child the court's decision regarding the division of debts may change.

If a marriage contract has been drawn up between the spouses, the corresponding decision of the courts is made taking into account the clauses of the marriage contract concerning mortgage debts.

Judicial practice: determination of shares of property

As a rule, in, the division of mortgage debts occurs along with the determination of the share of the property for each owner.

How is property divided in case of divorce? Usually, an apartment or house is divided in half.

If the couple has a child, then the primary caregiver receives an additional share of the property (that is, 2/3 or more, depending on the number of children).

It is also possible that one of the owners will completely give up a share in real estate for a certain material compensation... The amount of such compensation and the nuances of refusing an apartment share can also be determined in court.

The main difficulties arising when dividing an apartment

Certainly, questions of the division of jointly acquired property often occupy the minds of those who have decided to divorce.

In case if the apartment of the spouses is also taken on a mortgage, and the obligations to the bank have not been fully paid off, the situation is further complicated.

What are the main problems that can arise in such a situation?

One of the spouses will refuse to pay their share of the mortgage, as a result credit liabilities will fall on only one owner.
The bank will not agree to the sale of a mortgage apartment, which will force the spouses to make payments for real estate even after a divorce.
Due to the troubles and problems of the divorce process, the couple will not pay mortgage payments, and the bank, in turn, will take the property for debts.
Composed the agreement on joint payments for the apartment will be legally invalid.

There can be a lot of difficulties, and there is only one way out of them - go to court and defend your rights.

In the event that the future spouses are not sure that they can live together until the end of their days, they should conclude a mutually beneficial marriage contract, in which all the nuances of the division of jointly acquired property will be noted. Such an agreement will significantly simplify the process of dividing mortgage obligations.

So, the family boat crashed into everyday life, and divorce looks like the only way to unravel the tangle of problem relationships. But not everything is as simple as it seems - the drama of the moment is aggravated by the mortgage. The couple would love to take a break from each other, but the mortgage tied them closer than the wedding ceremony. And the most unpleasant thing is that the question is unlikely to be resolved amicably. After all, a mortgage is a "love" triangle, where the third party is bank- an organization devoid of emotion and focused solely on practicality.

In such a situation, the still spouses immediately have a lot of questions. How is the mortgage divided in case of divorce? Moreover, each special case has a lot of features. And it is worth noting that on this moment in Russian judicial practice there are no precedents that judges can be guided by when making decisions in situations of the same type. Even similar cases can have a completely different verdict, for different ministers of the Themis.

In divorce cases, when necessary divorce mortgage section, very often the interests of either one of the spouses or the creditor bank are infringed upon. Finding a middle ground in such disputes is extremely difficult. As a result, when bank decides to take away the collateralized housing, for which they stopped paying off the loan, it turns out that on the basis of judgment it no longer belongs to the borrower. On the other hand, you can understand the borrower - he was deprived of an apartment, but the debt hung on him, which needs to be paid for another twenty years.

That is why at the end of March, some State Duma deputies initiated amendments to the Family Code. The essence of the proposed changes to the legislation is that bank the mortgage issuer has always participated in the divorce proceedings by a third party.

But it is worth noting that while the deputies are considering proposals, arguing and adopting amendments (and this is a rather lengthy process, unless banks act as a lobby), the country continues to make decisions on the basis of current legislation. In divorce cases, where a mortgage appears, judges and lawyers operate with several basic documents: the Civil and Family Codes, the Law "On Mortgages" and, in fact, the mortgage agreement itself, which is protected by law.

Let's find out how the mortgage is divided in case of divorce in practice.

We divide everything in half!

The principle of "fifty-fifty" is laid down in the Family Code. And the Federal Law "On Mortgages" confirms that housing acquired during marriage through mortgage lending is considered joint property. In this case, it does not matter for which of the spouses the loan was issued.

Theoretically, that is, by law, the division of the mortgage in case of divorce is carried out in half. But the property is pledged by the bank, and it is impossible to perform any legal actions with housing. If the section took place without the participation of the bank (the case, I must admit, is not frequent, but still occurs), then the spouses can agree and continue to repay the loan (for another couple of decades). Such an agreement looks, you see, ephemeral. Therefore, you can contact directly bank with a request to consent to the sale of the apartment.

It is rather difficult to predict the actions of the bank. The institution can go in two ways - agree to the sale or demand early repayment of the mortgage, citing the fact that the divorce violates the terms of the loan agreement.

Therefore, during the trial, it is better to inform bank, since all the problematic moments can be settled in court. Moreover, the judge can force bank perform operations with collateral that suit you. For example, to sell an apartment, or to renew the mortgage agreement for one person.

How to sell a mortgage

Often bank he himself is ready to go on the sale of a mortgage apartment. The logic here is simple - we'd rather lose on interest, but we are guaranteed to repay the principal debt. Then the spouses will need to find a buyer who will first compensate the bank for the amount of your loan debt, and then wait until all the procedures to remove the encumbrance from the property and the sellers take ownership of the property are completed.

Naturally, this is an extra headache for the buyer. Firstly, the risks increase, and secondly, time is dragging on. There is only one way out - to interest the buyer by lowering the price of the apartment itself.

Finding such buyers on your own is not easy, so it is recommended to contact a real estate agency that specializes in such transactions. The spouses receive the money difference remaining after the sale of the apartment and the repayment of the loan and can split it in half (well, or as they agree with each other).

The sale of an apartment can also be bank having put up housing for auction, but as practice shows, this option is not the best. Here the price always turns out to be significantly lower than the market price. In addition, the proceeds will have to cover the costs of organizing the auction.

When bank not bastard

Today banking institutions have already gained solid experience in mortgage disputes, as for the mortgage in case of divorce. Therefore, when applying for a mortgage loan, they try to make the spouses co-borrowers. Often it is beneficial for the married couples themselves - thus, you can count on a higher loan amount.

Only now, in the mortgage agreement, you can see the clause: "Upon dissolution of a marriage between co-borrowers, the terms of this agreement do not change." A similar option to the bank - as additional insurance: if there is a divorce proceedings and one of the spouses refuses to pay, then the financial responsibility will completely fall on the other. And there, who is right and who is wrong, let the husband and wife decide at least for family council, even in court. The bank clerk won't care about that.

A special case

For clarity, consider specific example... The family took out a mortgage for one-room apartment... The loan amount turned out to be relatively small, so only the husband acted as the borrower. A couple of years later, the question of divorce arose. How the mortgage is divided in case of divorce in this case?

In accordance with Russian legislation, this "odnushka" is a jointly acquired property. This means that the housing should be divided in half between the spouses. But here the position of the creditor bank is also important.

In practice, it is not possible to divide a one-room apartment - each of the spouses has the right to count only on a share of the living space. But the share of property, according to the Federal Law "On Mortgage", cannot act as collateral. And if bank does not agree to reissue the mortgage agreement, then all responsibility for repaying the loan falls on the husband, as the only borrower (it does not matter whether he will live there or not). But, at the same time, the husband has the legal right to demand from his wife compensation for mortgage payments in the amount of the share received for the apartment.

Bank – « credit organization, which has the exclusive right to carry out in aggregate the following Bank operations: attraction of funds to deposits of individuals and legal entities, placement of these funds on their own behalf and at their own expense on terms of repayment, payment, urgency, opening and maintaining bank accounts of individuals and legal entities "(excerpt from Federal law No. 395-1 "On banks and banking"). For a mortgagee, it is important who will lend it and on what terms ((we often met operators in the market who, not being banks, issued mortgage loans). Therefore, it is not so important where to get a loan, it is important under what conditions it was issued (for example, what are the requirements for real estate) and what are an initial fee and the final overpayment. At the same time, one should be wary of all sorts of consumer cooperatives and mutual aid funds (practice shows that any even the most onerous mortgage is several times better (cheaper) than these forms of lending, so we strongly do not recommend contacting any cooperative company).

Relentless statistics speak of high percentage divorces: up to 18% of families break up in the first three years.

By the time of the official breakdown of relations, many families had acquired children, property, an apartment on a mortgage.

The problem is quite relevant. The division of a mortgage apartment in case of divorce often raises many questions and disputes.... How to do this in 2019, we will figure it out further.

This word is "Divorce"!

If both spouses finally decide to leave and decide what to do with the mortgage in case of divorce.

The time when the mortgage loan for the apartment was concluded is important.... There are several options here.

If the mortgage is taken before marriage, then usually it is not difficult to solve... After the dissolution of the official marriage, the apartment will be transferred to the ownership of the spouse who bought it before marriage. He will pay the remaining debt to the bank.

The second spouse cannot claim real estate, even if he lived in this apartment. He can satisfy his claims in monetary terms.

To do this, you need to documentarily confirm that you participated in mortgage payments, made repairs for your own money.

But the same Family Code says that the other spouse has the right to a share in the apartment, because payments to pay off the debt to the bank came from the general family budget.

At the same time, a person does not have to work: wage one is considered total income.

What the court's decision will be depends on the evidence base (receipts, checks) and the level of experience of the lawyer.

Section of an apartment in a civil marriage

This is the easiest option..

An apartment with all mortgage obligations is owned by the person who borrows from the bank for this apartment.

Mortgage real estate can fall under the ownership division if the former co-borrowers are co-borrowers of the mortgage.

The question of how the divorce mortgage taken in marriage is divided is more complicated than others and is often aggravated by factors that slow down this process.

Any acquired property purchased in marriage refers to jointly acquired... Moreover, it does not matter which of the former spouses is recorded in the certificate of ownership.

But in most cases, the bank, trying to protect itself, takes the second spouse as a co-borrower. Thus, upon divorce, both spouses receive the same debentures in front of the bank.

If there are no other factors affecting how an apartment in a mortgage is divided during a divorce, the process occurs according to several scenarios:

Former spouses can enter into a division of property agreement whereby they continue to pay the mortgage together until they have paid the full mortgage. They both continue to own the apartment. But the bank itself should be notified that the divorce proceedings have taken place.
The second method is the most common. Former spouses want to re-register the mortgage and choose to divide the apartment into equal shares and the mortgage debt equally. The bank is reluctant to enter into such transactions: after all, instead of one loan, it receives two at once. Moreover, there is a risk of non-payment by borrowers. Sometimes the bank requires to pay off the debt to it in full if the spouses divorced.
The third option is suitable for those who have a small mortgage debt. The apartment is sold with the permission of the bank (it is pledged to the bank until the mortgage loan is repaid), the debt to the bank is repaid, and the remaining amount is divided in half between the former spouses, the owners of the apartment.
Sometimes they meet when one of the spouses refuses his share in the apartment, which means he gets rid of debt obligations to the bank. There is a catch - the bank may not approve of such a way out of the situation, since the spouse to whom the apartment is being transferred may not be able to cope with payments alone due to low income.

Regardless of how exactly the former spouses want to decide what to do with the mortgage in divorce, everything rests on the opinion of the bank.

He is not obliged to change the terms of the contract if the co-borrowers (part-time spouses) are undergoing divorce proceedings.

The court will take into account the opinion of the bank as a third party concerned.

When buying an apartment on a mortgage during the marriage period, it is possible to use personal funds lying on bank account from one of the spouses from the premarital period, as a down payment.

In case of divorce, he can demand their return or become one owner of the home. The second is compensated in the amount of half of the mortgage loan paid for the period of marriage.

Factors affecting the process of dividing a mortgage apartment

The above considered options for dividing an apartment in a mortgage, which are quite easily solved by the former spouses themselves by way of a peace agreement or decided by a judge, if there is statement of claim one of the parties.

Difficulties arise when the family has children, the mortgage was issued for special conditions: with maternity capital, prenuptial agreement or military mortgage.

Mortgages for divorcing spouses with children are often shared in court. The presence of minor children affects the court's decision on the division of the apartment in the mortgage.

A share more than that of the other spouse is received by the one with whom the children remain.

If the apartment ex-husband and the wife decided to sell (not without the consent of the bank) the child (children) need to be discharged from this apartment to another place.

Otherwise, guardianship will intervene and may raise the issue of deprivation of parental rights if the existence of normal living conditions for the child does not correspond to reality.

Maternal capital- it state allowance mother for the birth or adoption of a second and subsequent child.

A mortgage with maternity capital assumes that the former spouses have at least two children, whose rights must be respected.

This was discussed above. The maternity capital is registered in one of the spouses and cannot be divided upon divorce.

But there are moments when dividing an apartment with maternity capital:

the apartment becomes shared ownership both spouses and their children;
shares for children are allocated after the mortgage loan is repaid;
in case of divorce proceedings, the apartment will be divided according to the existing shares.

The section of an apartment purchased with a mortgage can take a long time. To make it easier, you can draw up a marriage contract.

It is signed at any time before the dissolution of the marriage: before marriage, during the entire period of marriage, as well as before or after buying an apartment on a mortgage.

In the latter case, the spouses are obliged to notify the bank and that they have drawn up a marriage contract signed by a notary.

A credit organization can dispute the clause on the division of a mortgage apartment only by filing a statement of claim in court.

Sometimes banks require the signing of a prenuptial agreement when receiving funds for the purchase of an apartment... This condition is explained by the fact that one of the spouses prevents the bank from issuing a positive decision.

This is often attributed to bad credit history, the presence of several loans, the lack of official earnings.

In the marriage contract, it is necessary to indicate what is important for the bank as a third interested party: the second of the spouses waives all mortgage obligations and claims. A court decision in the presence of such an agreement will be in favor of the main borrower.

The peculiarity is that the serviceman himself remains the owner of the mortgage loan and the apartment itself after the divorce. It doesn't matter if he has a wife and children.

The section of the apartment takes place without the participation of the latter. Also, a military man cannot reissue a mortgage, even if it is necessary to divide an apartment acquired by military mortgage.

There is another side to this mortgage. A military mortgage implies that in case of non-payment for a mortgage, the responsibility lies entirely with the soldier himself. The wife, even the ex, is exempt from such an obligation.

When deciding on how to divide an apartment in a mortgage in case of divorce and whether it is possible to divide a loan into two independent ones, the following rules must be followed:

This is the answer to the question of how to reissue a mortgage and how to get out of co-borrowers. Banks often refuse such a decision, because they do not want to take risks.

In an apartment for which two loans have been issued, you can stay to live together, registering it as a communal one, and each gets an isolated living space (room), separate utility bills.

To the question of the spouses "Is it possible to divide a one-room apartment in this way?" only negative. And you won't be able to get two separate loans from the bank instead of one for a one-room apartment.

There are other legal advice here:

You can exchange an apartment with several rooms for two. Their total cost will be equal to the amount that is offered for a mortgage apartment. But the exchange process can take a long time.

When the divorce procedure is underway, the spouses who have not agreed on the payment of the debt may admit incomplete repayment, delays in payments.

If the mortgage has not been paid for several months, the bank can take the apartment and sell it at auction.

Often, when the apartment and mortgage are divided into two independent loans, the former spouses do not get along together and one of them remains to live in the apartment. The one who left the apartment can ignore the loan payments and refer to the fact that he no longer lives.

How to protect yourself in this case? The second will have to pay part of it if he wants to prevent the sale of his share in the auction apartment at a lower cost.

He may demand to rewrite the mortgage loan for himself, saving his ex-spouse from debt obligations and the very share in the apartment.

Another way is to auction the apartment and pay off credit debt in front of the bank... The remaining money will then be divided between the former spouses.

An encumbered apartment will cost less than the others, because there will be little demand for it.

Not everyone will agree to buy an apartment for which the mortgage has not been paid. Compensation for the inconvenience will be a discount on its purchase.

If it is impossible to divide or sell an apartment, and it is impossible to live together, then you can leave for temporary housing.

According to the law, a mortgage apartment cannot be leased out and repaid with its help, since there is no consent of a third party (bank). In practice, such apartments are successfully rented out.

Today, issues related to the division of a mortgage apartment are often resolved in court.

Arbitrage practice in such cases the country is very different, and court decisions in different regions of the country may differ dramatically.

Success in protecting their interests in relation to an apartment often depends on the legal knowledge of the former spouses themselves, the literacy and experience of a lawyer.

Video: How is the mortgage divided in case of divorce?

An outstanding mortgage adds to the complexity of divorce. Former spouses have many questions. How is a mortgage apartment divided in case of divorce? Who will repay the loan in the future and in what amount? What to do with the mortgage co-borrower in case of divorce?

What the law says

In a divorce, the principle of dividing mortgage property is that it is divided in half between the former spouses. This also applies to an apartment purchased in marriage.

At the same time, it does not matter at all for whom the loan is issued. Financial liabilities before the credit institution are assigned equally to both spouses, and they must fulfill them even after the dissolution of the marriage.

Divorcing spouses have only a few options for solving the problem of outstanding mortgages:

continue to pay off the loan on the same terms;
share the apartment and debts;
pay off the mortgage ahead of schedule and sell the apartment;
stop paying the loan and wait until the bank itself sells the apartment at an auction.

And if everything seems to be clear with the first option, then already the second one causes difficulties. What is the right thing to do when it is necessary to divide an apartment burdened with a mortgage during a divorce?

Why banks object

The Family Code says that when section common property the spouses must be divided and their joint debts. A Civil Code directly indicates that such a division of debts is possible only with the consent of the creditor, that is, the bank. But most borrowers, trying to divide housing and at the same time the amount of debt, are rejected by lenders. The banks object because when the debt obligations are divided, the responsibility of the borrowers instead of the joint one becomes shared.

In other words, the bank loses the ability to demand the return of the entire amount for the apartment from any of the former spouses, which is completely unprofitable for it. And citizens, once having received a refusal, lose the right to re-apply to the court with a claim for division.

Divide a mortgage apartment in court

How to legally circumvent the objection credit institution? Where to begin?

To do this, lawyers advise initially to file a claim only for the division of the joint property of the spouses, and not to divide the joint debt to the bank.

Then the court will be forced to proceed from the fact that the division of an apartment encumbered with a mortgage belongs to the sphere of family legal relations and is regulated exclusively by family law. And the consent of the bank becomes unnecessary.

And despite the fact that the debt to the bank is still solidary, there is a legal opportunity to bypass the objections of the credit institution, and to divide the debt obligations as the divorced spouses agreed among themselves.

Here is the algorithm for the section of mortgage housing:

Step 1. One of the former spouses goes to court with a claim for the division of common property. At the same time, there are no requirements to divide the mortgage debt itself. Then the judge will be forced to consider the case only within the scope of the stated claim. Since, as a result of the division of the apartment, the bank does not lose the right to demand the return of the entire amount of the debt from any of the spouses, the court has the right to make a decision without his consent. Housing can be divided in different ways. Even completely remove one co-owner from the pledgers, re-registering the entire apartment for another. The judicial practice for 2019 knows such precedents.

How now to re-execute the loan agreement itself, for example, so that the debt is paid by the spouse on whom the real estate is fully registered?

Step 2. After the entry into force of the court decision you need to contact the Unified State Register rights for a new certificate of housing.

Step 3. With a court decision, testimony and a joint statement from both spouses, you need to ask the lender to amend the mortgage agreement. Since the property has already been divided or re-registered to one of the divorced spouses, it makes no sense to object to the bank. As evidence, we present the official response of the Mortgage Agency housing lending: "In accordance with the court decision, the Agency is ready to amend the documents of the loan case and the mortgage, subject to the will of all borrowers."

But all this is possible only if the former spouses have come to a mutual agreement on the procedure for paying off the mortgage.

If not agreed

If it was not possible to agree, then the best way out is to sell the property and divide the money left after the payment of the debt.

The most unreasonable thing in such a situation is to completely stop paying the loan and wait for the moment when the bank will foreclose on the apartment. So borrowers will lose not only their housing, but also most of the money paid for it.

And if the house was bought before marriage?

It happens that an apartment was bought on a mortgage by one of the spouses even before marriage. Then in case of divorce the right to it will be held by the one for which the loan agreement is drawn up... Well, the second has the right to demand through the court reimbursement of half of the money that was spent from the family budget to pay off the mortgage loan.

Mortgage in case of divorce of spouses with children

When there are minor children in the family, the court may deviate from general rule Of the Family Code and to divide the property not in half, but to increase the share in the apartment of the spouse with whom the child remains.

Military mortgage and divorce: what to do?

Upon divorce, an apartment purchased under a military mortgage remains the personal property of a serviceman, since it was acquired with special purpose funds.

Its section is not provided for by law. And after the divorce, the preferential borrower and payer of interest is still the one of the spouses who executed the loan agreement.

Mortgage and prenuptial agreement

Most disputes when dividing a mortgage apartment can be avoided if you first conclude a prenuptial agreement. This can be done both before marriage and during family relationships.

We emphasize once again that in the case of a division of an apartment in a mortgage upon divorce, the best strategy between the former spouses there will be a strategy for the peaceful settlement of emerging disputes.

Video: Mortgage and Divorce

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10 Comments

Nothing of the kind, the court normally divides the apartment in half purchased on a military mortgage. The serviceman continues to leave his health in the service for this apartment, and his former normally tumbles with another uncle in the ½ apartment awarded by the court. Our court is the most humane court in the world !! :)

Firstly, the court does not have psychic abilities, and the military mortgage had to be declared.
Secondly, there is the possibility of an appeal.

You are right about humanism. The result is a mess of unprecedented strength. Poor men no longer know how to cope with women with prostitutes, regardless of whether he is a military or civilian!

Can the court, without my consent, at the request of my ex-wife, remove me from the title borrower

I don’t want to give consent since this is my only home

And what counterclaim or action to take to prevent this from happening

The peasant is now crushing. The wife is a prostitute, but if he is a goat and jumps on everything that moves. And that the wife has to sit and wait for the weather. Poor men.

Why are you people ... ate! My situation now is as follows: divorce from my husband, a military man, after 12 years of marriage and 3 minor children. The apartment was bought in marriage and I walked with him from the very bottom to the top. And now you are lovely men, what do you want to tell me to get out of the apartment with three children, leaving my husband tumbling with some whore!

You know, men, I don’t blame you, your parents are to blame for your upbringing, if you saw love and affection from childhood, then everything would be fine, but when you love one, everything is bad and you don’t know which is better to leave or stay. When you love, you will never betray and you will love until the end of your days!

Hello! Please tell me if the mortgage was taken 3 months ago, and now the relatives will make a donation agreement for making initial capital... Will this treaty be valid in the event of a divorce?

The legislation is arranged in such a way that for any controversial issues the woman will always get the benefit, but the man will not succeed. It turns out the same here, if there is a child, then 63% of the apartment remains the former. So before joining an alliance on the terms of today's family code, which is exclusively tailored for a woman 100 times, weigh everything + and - Look even here, most of the "armed" women are learning how to literally breed a sucker to an apartment)))