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What to do with a mortgage during a divorce and how is the mortgage apartment divided in this case?

Many young families use mortgage lending services.

But unfortunately, as statistics show, many cells of society are disintegrating without even having time to pay off the mortgage.

How is the mortgage apartment divided during a divorce? In fact, the conditions depend on the individual circumstances that took place during the dissolution of the marriage. In addition, the outcome also depends on credit obligations. If you want to find the optimal solution to your problem, you need to read the text of this article.

Let's consider different options:

If the mortgage is for one spouse.

Very often, a mortgage is issued to only one of the spouses. It's easier, cheaper, faster. And women, for example, who are on maternity leave, are unlikely to be able to find time for paperwork. The mortgage is entirely drawn up on the father of the family. What happens if the apartment is designed for only one person?

One of the mortgage conditions for young families is allocation of a share to each family member. In addition, the mortgaged apartment is a jointly acquired property, since the loan was issued during the marriage. And this means that despite the fact that the mortgage is issued to only one citizen, both have the right to an apartment.

A family member who, under the terms of a court decision or joint agreement, continues to pay off the mortgage will be the owner of the premises.

If the spouses are co-borrowers.

Co-borrowers are persons who bear the burden of mortgage lending equally.

And this means that in the event of a divorce, the mortgage will share equally. Each of the loan holders will contribute exactly half of the cost.

In the event that one of the spouses refuses real estate, a specialized document called an agreement is drawn up. The agreement provides that the burden of paying the mortgage and future ownership passes to only one spouse.

What if there are children?

A situation when it is necessary to divide an apartment that is in a mortgage, while the family has a child.

Most often, children stay with their mother. And despite the fact that the mother and children will occupy a large share of the premises, the former spouses will pay the mortgage in half.

If the mother is unable to work, has health problems, then the mortgage payment can also be reduced. Children are required allocated shares in the premises so that upon reaching the age of majority they become full owners of part of the premises.

If the mortgage was taken before marriage?

If the mortgage was taken before marriage, then this situation can turn into a nuisance for one of the spouses. It turns out that the loan, as well as the apartment in the future, will be issued to only one citizen. The other will be left with nothing, even if he regularly paid his dues while married.

In this case, the party that did not apply for a loan, you need to find evidence that she helped pay the mortgage. If checks, certificates, as well as testimonies of witnesses are found, then the former spouse will be able to claim part of the property, which means they will continue to pay part of the loan.

With a marriage contract

In recent years, marriage contracts have been concluded more and more often. It provides for various developments in the event of a divorce:

For example, one of the spouses reserves the right to pay a mortgage and in the future will become the owner of an apartment.
Some citizens in the marriage contract provide that, despite the break in relations, they will pay the mortgage equally, and the property will go to the children on the right of ownership.
Still others intend to own the property in half, also repay the loan.
The fourth share the loan in the percentage in which they consider it necessary. For example, 70% is paid by a man, the remaining 30% is paid by a woman. At the same time, she and her children have the right to live in the premises, while her husband does not.

There are a lot of options for drawing up a marriage contract, the main thing is that the clauses of the contract do not contradict the current legislation.

The procedure for registration of the division of property in a mortgage

Where to begin?

Despite the fact that the loan is drawn up by one or both spouses at once, the most important role in such a procedure is assigned to the bank (for example, Sberbank), which issued the loan. Therefore, if you decide to terminate your relationship, or have already terminated the relationship, about this the bank must be notified accordingly.

It is the financial and credit organization that will advise you on existing issues, offer options for the division of real estate. The financial and credit organization will offer the most acceptable and convenient conditions for each of the parties. However, if you already have a court decision or a marriage contract in your hands, then the financial and credit organization must consider it and agree with the payment procedure.

Also, try to conclude with your ex-spouse settlement agreement. You may be able to negotiate without involving government agencies, as well as without going to court.

However, this is not the end of the division of property.

How should the bank be notified?

First of all, you can use a simple appearance at the nearest office. Sometimes it is not allowed to do this time or worries. In this case, you can send an e-mail to the bank's mail.

Another option is to call. The most acceptable option is to send a divorce application, a copy of the divorce certificate, by mail.

The bank is obliged to respond to your notification within 14 calendar days. Of course, in a situation where there is a personal appearance, this period is reduced significantly.

The bank should send you a response in an official form, and, if possible, invite you to a conversation. The Bank undertakes to consult you electronically and give appropriate recommendations.

Package of documents

The main role is given to the correct formation of a package of documents. If you do not get any papers, the procedure for dividing the mortgage will be delayed, which means that many unpleasant moments will be added:

You must provide a mortgage agreement.
Passport or passports of applicants.
If the break in relations has already been formalized, then evidence of this.
Provided documents for the apartment.
If the break was carried out in court, a copy of the court decision is attached.
A document certifying the technical condition of the property.
Help-extract about the contributed funds, if possible, checks.
If the parties have made an agreement with each other, then it is also attached.

At the request of an employee of a financial and credit organization, other papers that have weight and significance for registration can be attached.

Re-registration options

Sometimes one party waives a mortgage in favor of the other. According with Article 395 of the Civil Code, there is a possibility of transferring debt from one person to another. However, this can only be reissued with the consent of the creditor:

In order to perform such a procedure, first of all, it is necessary to write a corresponding application to the office of the financial and credit organization.
The necessary documents are provided.

If the borrower is conscientious, made payments on time, has a good credit history, the financial and credit organization approves the change.

If consent has not been obtained, you have several other options:

The parties can repay the debt jointly, even after the termination of the relationship.
One of the spouses at the notary refuses his share. At the same time, he also refuses to pay the loan. The refusal must be certified by a notary. The form is provided to the bank.
It often happens that a person refuses to pay the loan. In this case, it is possible to re-register a mortgage loan to another person.

How to divide property in a mortgage with state support?

Many citizens apply for a mortgage using the maternity capital program, social or military mortgage. How to be in that case?

If the premises were purchased under the military mortgage lending program, then the mortgage loan will be repaid with funds allocated by the Ministry of Defense. In the event of a divorce, in theory, housing is divided in half.

However, in practice this is not feasible. That is why, before concluding a military mortgage, financial and credit organizations require a marriage contract, according to which, the premises will remain with the sole owner.

Unfortunately, many spouses draw up such a document, without thinking about the consequences. In such a situation, as a rule, the premises remain with the man who carries out military service.

Participation in the program of social mortgage and mother capital provides for the allocation of parts in case of divorce to children. Therefore, housing remains with the parent with whom the children remain after the divorce. So, it is on this citizen that the burden of paying the mortgage lies.

That is, if the child stays with the mother, then it is she who must contribute funds for the mortgage. Even if a woman does not work, she will receive alimony from her spouse, with which she will pay off the amount of the debt.

Arbitrage practice

In theory, everything sounds very neat and concise. But in practice, you may encounter various difficulties that will become a real shock for you.

Let's start with the fact that far from always the premises remain in the ownership of the person to whom the mortgage was issued. Through various manipulations, a person who, it would seem, regularly paid his contributions, is left with nothing, and the mortgage, together with the outstanding part, passes into the ownership of another person.

And also, practice suggests that not always, if a spouse helped another to pay a mortgage fee, the premises will also be divided in half. In fact, most often the court takes the side of the citizen on whom the mortgage was originally issued. Even if you provide checks and other evidence that you deposited funds.

Before you decide on such a serious step as a mortgage, carefully make sure that you have the person with whom you want to spend your whole life. Perhaps you rushed and took on the burden of a mortgage loan.

If you clearly understand that a mortgage is a decisive step in order to prove the strength of your relationship, then we wish you good luck. I want to believe that the mortgage will be a pleasant experience for you.