Possible options for how to divide an apartment in a mortgage during a divorce
Marriages are made in heaven, but on earth they often break up - this is the harsh truth of life. Happy newlyweds, of course, do not think about this, make property, conduct joint farming.
When replenishing in the family, the opportunity to obtain suitable housing on credit is very attractive and tempting. Lately, this type of pledge as a mortgage is gaining more and more popularity. And the mortgage is the apartment itself.
If people do not have a relationship, and they have to part, it is important to know how to divide an apartment during a divorce if it is in a mortgage.
Possible options for how to split an apartment
It is best to reach a consensus between borrowers, to peacefully approach the solution of this problem and not to complicate your life with unnecessary litigation in such a difficult time of the divorce process. There are several ways to divide the apartment, if it is in the mortgage.
- having received the consent of the bank, the former spouses make changes to the contract, changing the joint obligations to repay the loan. A certain part of the loan will now be repaid by each spouse separately. Signed an additional agreement to the loan agreement. It should be noted that banks are not very fond of such situations and make concessions and changes without much hunting. For them, a solidary duty is more reliable, so they are entitled to collect debts from any of the debtors. Decisions on renewal are made by the lender unilaterally. That is why it is better to inquire in advance what rules are provided for this in a particular bank where there is a desire to get a mortgage;
- as an option - re-registration of a loan for one of the former spouses. In this case, one party is exempt from the need to make money for a loan, but at the same time loses the rights to the apartment. The bank will analyze the solvency of the person to whom the re-registration will take place and then make a final decision. Consent to change in the contract is also possible, if another guarantor is provided;
- if the mortgage was formalized before marriage to one of the spouses, then after the divorce the second spouse has the right to demand a part of the housing. In order to avoid such ambiguous situations, it is necessary to warn the bank about the marriage. In this case, joint responsibility will be issued, which will help to avoid unnecessary disputes in the future. If the borrower wants to be the sole owner of housing, then it is best to register this moment in the marriage contract;
- Sometimes the solution is a sale of living space. This is quite possible with the consent of the lender and after performing some formalities.
What to do to avoid the question of the division of an apartment in a mortgage during a divorce
Unpleasant situations and disputes are easy to avoid - it is enough to draw up a marriage contract. Abroad, this is a common practice that has not confused anyone for a long time. For people with a post-Soviet mentality, this procedure is not always acceptable. It implies some kind of mistrust and doubt. After all, when young people marry for love, they are sure that together forever, and about any section is out of the question.
However, as statistics show, divorces among people under the age of thirty have increased dramatically.Couples of this age most often participate in a mortgage, creating favorable conditions for the family. By specifying the division of property in a divorce agreement, many problems can be avoided in the future. You need to keep up with the times and not be afraid of simple formalities. True feelings cannot destroy a marriage contract. In some situations, after signing it, the family will only become stronger.
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