Is it possible and how to divide a loan during a divorce - division of the loan after divorce.

   How to divide the loan after the spouses divorce? Who pays off the loan after a divorce to the bank?

   Such questions arose more than once during consultations with a lawyer on the division of property of our law office.

Who pays off the loan after a divorce?

   How are loans divided in a divorce? The court may divide the property not into equal two parts, but taking into account many nuances and circumstances. Loans taken out during marriage are divided in equal shares upon divorce, regardless of whether the couple has children or not. They are only entitled to alimony. When dividing the loan, it does not matter to the judicial authority who was the main borrower; both husband and wife still have to pay.

   How to divide a loan after a divorce? In the case of dividing mortgage debts, the ex-husband and wife are required to inform the lender about the division of the debt, and the bank, in turn, draws up a new loan agreement and each co-borrower is given their own payment schedule. If a trial begins - a family dispute, then a representative of the bank must appear at the hearings.

ATTENTION : judicial practice in the direction of divorce cases is currently moving towards the fact that in the absence of the bank’s consent to the division of the loan debt, the court refuses the request to renew the loan agreement on other terms. A family dispute lawyer must conduct preliminary work with the bank, draw up a proposal to change the loan agreement, find out the balance of debt, the amounts paid independently after the actual divorce of the spouses.

   Loans after a couple divorce are divided equally, regardless of their intended use. In some cases, an amicable agreement on the division of marital property is possible. But there are exceptions.

If the loan was not issued for general purposes. For example, a wife took out a loan and lost money in a casino in secret from her other half.

Such a loan during a divorce must be repaid by the spouse alone, regardless of whether she works or not.

   In any case, no matter how property or loans are divided, after the collapse of a social unit, the interests of minor children should not be affected. The court considers all the intricacies of the situation and may meet one of the parents halfway and divide the loans after the divorce in unequal shares. Find out all the details during a consultation with a family law lawyer.

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How is a loan received during marriage divided?

   Joint is considered to be that part of the property acquired with bank funds for which general deductions were made during the stay of the spouses in official marital relations.

If the loan obligations were taken out before the official marriage, but during this period the couple lived together, then if this is proven, there is a possibility that the debt obligations will be divided.

   It is not difficult to file a claim for the division of spouses’ debts and find out that the existing debt is joint: both the husband and wife know that it exists, and do not deny its existence. These funds covered general family needs.

When dividing the common property of spouses, they must pay off common debts together.

Division of ex-spouses' credit card debts

   If there is an unclosed credit debt on a bank card, then after the divorce proceedings the court will most likely recognize that each spouse must repay the loan on the card, regardless of the circumstances in whose name the card account is issued and the card is issued.

It is possible to recognize the card division of a loan debt between spouses as common if clear evidence is provided that indicates that these funds were spent on family needs. In such cases, it is possible to reach an agreement among themselves peacefully.

If a bank credit card was issued in his name by one of the spouses, but transferred it for use by another, then the one who used it is obliged to pay this debt.

   Unfortunately, such financial disputes often arise today, therefore, in order to encounter them with a minimal degree of probability, it is necessary, and this is at a minimum, to very carefully study all the documents being signed.

Sample statement of claim for division of the common debt of the spouses

• Magistrate of judicial district No. 6
• Kirovsky district of Yekaterinburg
• PLAINTIFF:
• TO.
• RESPONDENT:
• TO.
• Cost of claim: 10,101 rubles 00 kopecks
• Cost of claim: 405 rubles 00 kopecks

Statement of claim for division of loan between spouses

   On November 28, 1975, a marriage was concluded between me and the defendant. By the decision of the magistrate of judicial district No. 6 of the Kirovsky district of the city of Yekaterinburg dated March 15, 2010, this marriage was dissolved, the decision entered into legal force on March 26, 2010.

   During the period of marriage, namely, on September 30, 2009, I entered into a loan agreement with OJSC VUZ-Bank, according to which I was provided with borrowed funds for urgent needs in the amount of 50,000 rubles. These borrowed funds were taken for the purpose of installing a built-in wardrobe and renovating the kitchen, hallway, and bathroom in the apartment at the address: Ekaterinburg, st. Blucher.

   After receiving funds from the bank, I entered into a household contract for the installation of a wardrobe worth 21,180 rubles; 20,000 rubles were transferred for the renovation of the kitchen, hallway, and bathroom, which is confirmed by a receipt. The necessary materials for repairs were purchased with borrowed funds, which is confirmed by the attached checks for a total amount of 20,881.51 rubles. A built-in wardrobe was installed, and the kitchen, hallway, and bathroom were also renovated.

   Consequently, a loan of 50,000 rubles was spent on the needs of the family.

   According to Art. 38 of the RF IC: “the division of the common property of the spouses can be made both during the marriage and after its dissolution at the request of any of the spouses. In the event of a dispute, the division of the common property of the spouses, as well as the determination of the spouses’ shares in this property, are carried out in court.”

   According to Art. 39 of the RF IC: “when dividing the common property of spouses and determining shares in this property, the shares of the spouses are recognized as equal, unless otherwise provided by the agreement between the spouses.”

   After the divorce, I personally contributed an amount of 16,835 rubles to repay the loan, which is a jointly acquired debt, as follows:

• March 15, 2010 – 3,367 rubles,
• April 19, 2010 – 3,367 rubles,
• May 19, 2010 – 3,367 rubles,
• June 07, 2010 – 3,367 rubles,
• July 20, 2010 – 3,367 rubles,
• August 20, 2010 – 3,367 rubles.

   Consequently, all debt obligations are subject to division in equal shares.

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   In accordance with the Resolution of the Plenum of the Supreme Court dated 05.11.

1998 No. 15 “On the application of legislation by courts when considering cases of divorce”: “the property subject to division includes the common property of the spouses, available to them at the time of consideration of the case, or located with third parties. When dividing property, the common debts of the spouses are also taken into account (clause 3 of Article 39 of the RF IC) and the right to claim obligations arising in the interests of the family.”

   Since the borrowed funds were spent on installing a wardrobe and repairs in the apartment in which we live, therefore, this money was spent on the needs of the family, and not to satisfy some of our personal needs.

How to divide a loan when spouses divorce?

By the way: Do you know about our “Stress-Free Divorce” service? More details

The overwhelming percentage of newly created young families, immediately after the wedding celebrations have ended, begin arranging their family “nest”. It's no secret that this process requires quite serious financial investments.

And it is very rare that any of the young couples have the patience to collect the required amount. Most often, newlyweds prefer to contact the bank for a loan.

Very few of them think at this moment about how the loan will be divided in the event of a possible divorce.

Unfortunately, not every young family, for a variety of reasons, manages to maintain a marriage relationship for a long time.

In parallel with the divorce procedure, the once happy spouses are faced with the not very pleasant question of dividing property acquired jointly during their family life, and with it the division of the spouses’ credit obligations to banks and other financial organizations.

In accordance with Article 38 of the RF IC, the easiest way to divide any debt obligations during a divorce is to amicably agree with your ex-spouse on how the debts will be divided after the divorce.

Alas, if the spouses have not voluntarily reached an agreement on how to divide debt obligations, then only the court will have to decide this issue. According to the provisions of Art. 39 of the RF IC, the common debts of the spouses are subject to division in the same proportions as the property.

If you do not have the moral strength, desire, or time, we will take your problem upon ourselves and resolve the dispute over the division of the loan. Your participation will be minimal. Call + 7 (495) 722-99-33.

How is credit divided in a divorce?

Although the name of only one spouse may be indicated on the loan documents, this does not mean that he will have to pay the loan alone after the divorce.

The answer to this question is indicated in detail in Article 45 of the RF IC. It is believed that money borrowed by one of the spouses during marriage goes to the needs of the entire family. That is why both spouses often have to repay the loan after a divorce, and in case of delay, the bank will have the right to seize the joint property.

As mentioned above, debts will not be divided in half, but based on the part of the property that each party will receive after the divorce. But not everything is so simple here either! In practice, quite a large number of controversial issues arise regarding the debt obligations of spouses, which cannot always be resolved only by the relevant articles of the family code.

We can outline an approximate range of cases in which debt is considered general:

• receiving funds on credit by mutual agreement of partners;
• use of loan funds to meet general family needs;
• awareness of one spouse about the existence of credit obligations to third parties of his marriage partner.

Note: in some cases the debt cannot be recognized as general. For example, if a husband took out a loan to buy an expensive gun, hunting was only entertainment for him, but not a source of income or other livelihood. Credit obligations in this part will remain with the spouse who purchased the specified property on credit.

Thus, the court, when dividing debt obligations, finds out:

• During what period were the obligations issued?
• Did the second spouse know about the loan;
• For what needs were the loan funds spent, is this confirmed by any documents;
• Do the spending of borrowed funds relate to the needs of the family?

Having recognized the debt as spent on the needs of the family, the court awards its repayment in the same shares in which the actual acquired property of the spouses was distributed.

When dividing debt obligations between spouses, the court does not take into account loans that were issued by one of the partners before their legal marriage.

In addition, if spouses, even while living together as a family, want to share their debt obligations, then they have the right to enter into a prenuptial agreement or an agreement on the division of property, which will clearly stipulate who will be responsible for what obligations in the event of a possible divorce . It is any of these options that experienced lawyers always advise partners who allow difficulties to arise in their family life.

Even if the entire volume of loan obligations during the divorce process was for some reason assigned by the court to one of the spouses, then there are certain positive aspects for him, since he automatically becomes the sole and full owner of the property for which he pays the loan.

If you think that you will never encounter them, you are mistaken. Almost everyone has credit cards—some people get them just in case, and others get them for active use. At the same time, the second spouse does not even suspect about the expenses and learns about them only during the divorce.

There are also outright fraudulent schemes used by dishonest spouses to gain an advantage in shares. The essence of such schemes is the conclusion of a fictitious loan agreement, supposedly aimed at the needs of the family. Of course, in order to expose fraudsters, you will need both legal knowledge and the ability to convey your arguments to the judges.

Even if people live together, each of them can have their own secrets

Legal assistance in dividing a loan

Debt separation is a specific procedure that is difficult for ordinary people and requires knowledge not only of jurisprudence, but also of financial and tax law.

Don’t let the situation take its course so that you don’t have to pay off other people’s debts. The most competent step would be to seek help from our professional lawyer during the divorce process.

Experienced specialists at MCPI “Planet of Law” are ready to provide comprehensive legal support and are pleased to offer a special program “Divorce without the presence of a spouse,” which includes both assistance with the divorce itself and with related issues, such as the division of property. Call - a consultation will help you understand the situation + 7 (495) 722-99-33.

Section of loans in case of divorce

If spouses took out a loan for two and then decided to divorce, then in most cases its division is carried out on the basis of the general rules of the Family Code regarding the division of property acquired in a joint marriage.

That is, everything that the spouses acquired during their life together is divided in half. But this rule has its exceptions, and the loan is not always divided equally between spouses.

Since in this case the bank is the third party present in the relationship between the spouses regarding the division of property, such legal relations acquire their own specifics.

General rules according to which the division of consumer loans is carried out during the divorce of spouses

By mutual agreement, Loans, like other property of the spouses, are their common property. Therefore, first of all, it is necessary to refer to the general rules for the division of property during a divorce. It should be borne in mind that property can be divided not only at the time of divorce, but also before and after it. This means that it is possible to agree on the distribution of loan obligations between spouses by mutual consent - RF IC, Art. 38, through a property division agreement or a marriage contract. There is practically no difference between these two agreements (it is mainly of a legal nature - documents differ in the need for notarization, the time of conclusion, etc.). But by and large, the essence of these documents is the same - determining the obligations of the spouses and the fate of the property after a divorce.

If it was not possible to reach an agreement among themselves If the spouses do not reach agreement on issues related to the further repayment of debt on the loan(s), then only the court will help resolve the matter.

The initiator of the lawsuit can be either one of the spouses or a credit institution.

Even if the matter has reached such a situation, the spouses must remember that even during the court hearing, while the court has not yet made a final decision, they can still, by agreeing among themselves, conclude a peace agreement.

According to the law, all debts accepted by both spouses or one of them are joint debts. When dividing loans, you should be guided by the main rule - the provision that each spouse receives half of all total debts upon divorce - Article 45 of the RF IC.

An exception to this provision is prescribed in the RF IC Art. 39 paragraph 2, according to which the court has the right to deviate from the equality of spouses to protect the interests of a child or husband or wife, if the other spouse, while married, for unjustified reasons did not bring income to the family, did not spend the common property in the interests of the family.

Also, during the division of loans in court, the personal debt of one of the spouses is subtracted from the total amount of loans of the spouses, which are subject to payment by both spouses, that is, a debt the amount of which was not spent in the interests of the family. For example, this could be a loan to repair a car purchased before marriage.

The repayment of such a loan must be made by the spouse who issued it - RF IC, Art. 45. Other loans are regarded as general. Since the loan agreement was concluded with one of the spouses, the bank has the right to demand that this person pay the debt.

Since the laws do not provide clear regulation on how bank loans should be divided, only the court decides whether to satisfy such a bank requirement or not.

Banks try to protect themselves from such situations in various ways:

1. A loan is issued to one of the spouses on the condition that the other will act as a co-borrower - in this case, everything is quite simple: after a divorce, both spouses must make payments on the loan.
2. They impose a condition on the borrower that the second spouse agrees to receive the loan or acts as a guarantor. In this case, if the borrower does not fulfill his obligations under the loan, the bank has the right to contact the second spouse with a demand to make payments (Civil Code of the Russian Federation, Article 363). The guarantor who has paid the debt subsequently has the right to demand that the borrower reimburse him for all amounts paid to the financial institution (Civil Code of the Russian Federation, Art. 365).

Difficulties of the mortgage loan section

During their marriage, spouses can acquire not only consumer loans, but also mortgage loans, the division of which can lead to a number of difficulties.

In most cases, spouses are co-borrowers on mortgage loans, and therefore bear joint liability to the bank. Most often, the amount of this liability is proportional to the shares received from the common real estate.

Since a mortgage loan has its own specific specifics (amount and term of the loan agreement, mortgage of real estate, etc.), the mechanism for dividing such a loan is quite complex: the law stipulates that real estate of this kind should be divided in half, but since it is located in collateral with a credit institution, then it is impossible to take any legal actions with the housing.

How spouses should act Spouses must first notify the bank of the upcoming divorce.

The bank, in turn, agrees to the conclusion of an agreement by the borrower spouses on the division of the remaining mortgage debt, and if the case is considered in court, the bank will certainly be notified of the decision made by the court.

This is due to the fact that both the agreements of the spouses and the court decision must be reflected in the new loan agreement.

Here you need to take into account that some banks include a clause in the initial loan agreement stating that the agreement cannot be changed in the event of a divorce of co-borrowers. In this case, neither a court decision nor an agreement between the spouses will be able to make changes to the loan agreement, and the loan will have to be repaid on the original terms.

The division of a mortgage loan is an extremely complex procedure, it contains many pitfalls, so during a divorce, banks often offer spouses to pay off the mortgage early using a new loan, which they took out on more comfortable terms (for example, one of the spouses will be the borrower, etc. .).

conclusions

Thus, despite the fact that the legislation does not have clear rules regarding the division of loans during a divorce, the following conclusions can be drawn on this issue based on the above:

• property rights and obligations can be voluntarily determined by the spouses either in a marriage contract or in an agreement on the division of property;
• according to the general rule, loans that were taken during marriage for the needs of the family are divided into two equal parts upon divorce;
• In order to collect a loan unpaid by the spouses, the bank has the right to go to court - in this case, both the procedure and the obligations of a particular spouse for making payments are determined by the court. Also, the procedure for involving spouses in repaying a loan during a divorce is determined in accordance with their legal status specified in the loan agreement (guarantor, co-borrower, borrower);
• The mortgage loan section has its own specifics.

Divorcing spouses must remember that when dividing a loan, failure to pay the total loan debt is followed by foreclosure on the joint property, and if it turns out to be insufficient to pay off the debt, then on the personal property of each spouse.

The Supreme Court taught how to pay a joint loan after a divorce - Pravo.ru news

Illustration: Pravo.ru/Petr Kozlov Upon divorce, the court may recognize debts on a loan taken out by one of the spouses as common. This is what happened in one of the cases where the husband took out a bank loan for himself. After the divorce, he paid off half of the remaining debt, but his ex-wife refused to pay her part. Then he decided to collect it in court, but encountered difficulties. The ex-husband was heard by the Supreme Court.

The Supreme Court explained in one of its recent cases how ex-spouses can pay off a joint loan. In 2014, Anton Vagapov* took out a loan for 1 million rubles. at VTB24, and in 2015 he divorced his wife Valeria*. The remaining debt is 826,775 rubles. the court found it common.

Over the next year and a half, Vagapov repaid approximately half - 407,546 rubles. But the ex-wife, according to him, did not pay the loan herself and refused to compensate for her part. Therefore, he demanded compensation for half of what was paid in court.

The first instance satisfied the demands, but the Krasnodar Regional Court rejected the claim. According to the appeal, since the total debt is 826,775 rubles, then each of the former spouses accounts for 413,387 rubles. It turns out that the plaintiff paid off his own debt and cannot demand compensation from the defendant.

Vagapova did not comply with the court decision and did not pay her half, the Krasnodar Regional Court indicated.

In this story

But Vagapova is not a borrower under the loan agreement, the civil panel of the Supreme Court objected. And the court distributed the total debt between the spouses, and did not determine the debt of each of them.

This means that the appeal could not decide that Vagapov was repaying his share: no one established any shares, as explained in determination No. 18-KP8-201. As the Supreme Court recalled with reference to paragraph 3 of Art.

39 of the Family Code, the borrower under the contract has the right to demand that the ex-spouse compensate half of the funds spent. With this explanation, the civil panel upheld the first instance decision in favor of Vagapov.

This decision is consistent with judicial practice, says Anna Afanasyeva from the law firm Federal Rating Group I Arbitration proceedings Group II Natural resources/Energy Group II Bankruptcy 10th place In terms of revenue per lawyer 16th place In terms of revenue 23rd place In terms of the number of lawyers
. According to her, the courts seek compensation based on the money actually spent, but refuse when the plaintiff has not yet paid.

If the loan is issued to one of the spouses, the court itself cannot partially transfer the debt to the other. This requires the consent of the bank, and they are reluctant to make any changes to the civil contract.

Anna Afanasyeva

In the Vagapovs’ case, the only borrower was one of the spouses.

But even if spouses act as co-borrowers (most often in mortgage loans), the court cannot change the composition of the debtors and their obligations - this is actually a change in the terms of the loan agreement, notes partner Federal rating IV group Bankruptcy IV group Commercial real estate/Construction
Natalya Kotlyarova.

To agree on family expenses in advance, Afanasyeva advises concluding a prenuptial agreement.

We must remember that the bank is a party to the loan agreement, which means that without its consent it is impossible to change the terms of loan repayment in a marriage contract or an agreement on the division of jointly acquired property, warns the MCA partner Federal rating Group II Criminal law and process III Group Resolution of disputes in courts of general jurisdiction Company profile
Olga Zelenaya. But, according to her, it is possible to provide that the loan debtor is due compensation, as in the Vagapovs’ case. And the ex-spouse, who pays the loan, may demand instead of money to increase his share when dividing the property, advises Afanasyeva.

* – names and surnames have been changed by the editors.

© LLC "PRAVODNIK". 2008-2019. Editorial phone number: (495) 645 37 60 Certificate El No. FS 77-31590. Issued by the Federal Service for Supervision of Mass Communications, Communications and Cultural Heritage Protection.

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How are loans divided when spouses divorce?

Divorce entails the division of jointly acquired property. This principle also applies to debts incurred during this period. In this case, there are different situations. For example, one of the spouses took out a loan for personal, but not family needs.

Or, on the contrary, the contract is drawn up for both.

In what cases should the debt be divided in half? What algorithm of actions does the legislation of the Russian Federation provide for? Next, we will consider these and other similar questions in more detail.

What happens to credit during divorce?

When spouses cannot agree on the division of property or a loan, then the court makes a decision. During the proceedings, government officials determine:

• What part of the debts is personal - belongs to one of the spouses, and what part is common;
• The percentage of property due to each marriage partner.

If there are children in the marriage, then the spouse with whom they remain does not have any benefits during the separation process.  

The court determines the division of the debt 50/50 or based on the financial value of the property received after the separation procedure. The basis for such a decision is Article 45 of the Family Code of the Russian Federation.

Based on the law, credit money taken during marriage is considered common by default. In this case, certain conditions must be met:

• Borrowed funds were used for family needs;
• The loan agreement was drawn up with the consent of the spouses;
• The marriage partner was aware of the financial obligations.

There are reasons in the presence of which a loan cannot be considered general. For example, my husband took out a loan to purchase expensive equipment for hunting, which is not a source of income, but entertainment. In this case, the loan obligations will remain assigned to the spouse. To make an objective decision, the judicial representative checks the circumstances specified above.

In order not to pay the debt on a loan issued by one of the spouses, you should collect the maximum amount of evidence that the family did not use this money. It could be:

• Testimony from neighbors;
• Account statement;
• Payment receipts (checks) for purchased goods.

To resolve the issue peacefully, the legislation provided for the possibility of drawing up an agreement. The form must contain a list of all items that are subject to division, as well as information about which spouse will own what. The document must be certified by a notary. An agreement can be drawn up within 3 years from the date of divorce.

Features of loans issued to one of the spouses

If the name of one of the spouses is indicated in the loan agreement, after a divorce the full repayment of it will not necessarily fall on his shoulders. The exception is when the loan was taken in secret and spent on entertainment.

To avoid such situations, financial institutions often require the written consent of the marriage partner to apply for a loan. Sometimes the second spouse can act as a guarantor. The bank takes such precautions in case the family status of clients changes.

If all points are met, both spouses are responsible for repaying the debt.

https://www.youtube.com/watch?v=umWrkJfWh5U

With a credit card, things are a little different. In most cases, the court obliges the owner of the banking product to pay the debt. If the borrower reasonably insists that a significant amount of loan funds was spent on the needs of the family, the court will review the decision.

What to do if the loan is issued to both?

If the debt obligation was initially issued to both spouses, then the court takes into account some nuances when making a decision. Next, we will consider some options for jointly issued consumer, mortgage, and car loans. How is their separation carried out during a divorce?

Consumer loans section

The division of the debt obligation on a consumer loan in court is carried out according to the share of property received during the divorce. This statement is true provided that the loan was targeted. If the loan was issued in money, then the decision will depend on the facts provided about the use of funds.

For example, a spouse purchased a refrigerator on credit before the divorce. After the divorce, she has the right to demand compensation for half of the repaid debt.

You should contact the government agency no later than 3 years from the end of loan payments.

Dividing the mortgage

The most difficult process is considered to be the division of a mortgage loan. In most cases, the purchased property is not the full property of family members. According to the agreement, it is the collateral property of the financial organization. The final decision on the division of the apartment, as well as the financial debt on the mortgage, is influenced by many factors. Eg:

• Who will live in the apartment;
• Which spouse will have children?

If the purchase is not under a lien (mortgage), then it will be divided between the spouses, as well as the remaining amount of the outstanding debt. A husband and wife have the right to agree among themselves: to sell the property and divide the proceeds equally, or one will buy the other half from the other. In this case, the loan debt is distributed between the spouses separately.

Sometimes situations go beyond those provided for by law. If it is not possible to reach an agreement on your own, then going to court is inevitable.

Algorithm of actions for debt division

The easiest way to distribute debt obligations after a divorce is to make a mutual decision. Otherwise, the issue can only be resolved in court. To begin the process, one of the partners must submit a statement of claim with a detailed description of the loan:

• Who received;
• For what purposes?
• How the funds were used;
• Request for compensation of part of the debt by the defendant.

A sample statement of claim can be downloaded on the Internet.

How to force a loan to be paid during a divorce

Documentary evidence of a joint purchase using credit funds can force the marriage partner to pay part of the debt.

It is important to keep all documents regarding the loan, as well as payments made to repay it. Providing reasonable evidence in court guarantees the division of credit debt in proportion to the distribution of property.

However, we are not talking about credit cards, which are often considered personal debt.

If the spouses do not want to pay off the debt to close the car loan, then it is advisable to sell the equipment, pay off the remaining debt, and divide the remaining funds. When considering a case in court, the following points are taken into account:

• Time of registration of the contract (during marriage or before its registration);
• Availability of written consent of the partner;
• What funds were used to repay the loan?

One of the spouses can take the car for personal use, then he will pay the debt independently.

Examples of judicial practice

In judicial practice, there are different cases of division of loans after divorce. Some of them will be discussed below.

Example No. 1. During the divorce proceedings, the wife filed a lawsuit demanding to equally divide the 3-room apartment, acquired jointly and registered in the name of her husband.

Authorities analyzed all the circumstances. As a result, it was found out that the property was issued on credit. At the same time, the husband previously sold a 2-room apartment that he owned.

Its cost was 50% of the amount purchased.

So the spouse received the right to a quarter of the equivalent cost of a 3-room apartment. She will also make payments on the loan only for ? part of the property. In other words, the wife received half of the jointly acquired property minus the cost of a 2-room apartment - in this case it was 50%.

Example No. 2. The wife filed an application with the court demanding the division of the loan for the purchase of a car. At that time, the debt amount was partially repaid. Based on the evidence presented, the court made a decision:

1. Leave the car as your wife's property.
2. The spouse is obliged to pay half the cost of the car to the defendant.
3. The husband must repay half of the loan debt.

At the same time, the spouses entered into a mutual agreement. According to the document, the car remains the property of the wife and she does not pay half of its value. At the same time, the spouse refuses the financial part of the cost of the car due to him and does not pay his debt obligations. This solution eliminates subsequent litigation when dividing debts to banks.

Division of credit during divorce (debt, mortgage) - Lawyer online

When young people get married, they have new joint desires and needs, but as they say, you can’t have enough money for everything. At this moment, the newly-made spouses turn to the bank for help and take out loans for specific needs. And then many questions arise in case of divorce, how to divide these very debts. Is credit divided in divorce? How are debts divided in a divorce? How to split the loan? What to do if the husband or wife took out a loan before the divorce? We will now try to figure all this out.

Where does the division of credit begin in a divorce?

According to the legislation of Ukraine, all acquired property is divided equally between spouses (unless a marriage contract has been drawn up).

But things on mortgage loans are not the property of the family, since they have not yet paid off the debt, and the bank has the right to decide how to dispose of this very property.

The best way to start is to notify your creditor that you are getting a divorce. And after that the bank will decide what conditions it will agree to. The bank may decide that you pay jointly, or it may decide that only the person for whom the loan was issued pays.

How to peacefully divide a loan after a divorce

In order to conclude an agreement on the peaceful division of an apartment, you need to agree among yourself which part of the apartment belongs to which spouse and what percentage of payments they will pay in the future. This can be done simply between each other or through the court, which will divide the debts in proportion to the shares belonging to the husband and wife.

What to do if the loan was taken secretly from the second spouse

There are situations when one of the spouses took out a loan, the other did not have the slightest idea about it and only found out about the debt upon divorce. In this case, the court needs to prove that the loan was not issued for the common needs of the spouses, but for the personal desires of the debtor and that he must repay himself.

How does the division of a joint credit apartment occur after a divorce?

• If the apartment is in the permanent use of only one of the spouses, the court can order payments only from him (in favor of the second spouse). By leaving the apartment to the person with whom the loan agreement was concluded, the court may decide not to collect 50% of its residual value from the owner of the apartment, since he continues to pay the loan with his personal money, which is not the common joint property of the spouses.

• The court may also decide that the apartment remains for one of the spouses and he pays the balance of the loan, but he will also have to pay a portion to the ex-spouse for his share.

What to do if after a divorce one of the spouses refuses to pay the loan

It happens that after a divorce, one of the spouses completely refuses to pay for the loan. In this case, you can sell the apartment, and the funds received will be divided between you (and keep in mind that part of the amount will be used to repay the loan).

Such a transaction is possible with the consent of the spouses and the bank, since the apartment is owned by the bank. Just keep in mind that in this case the financial losses will be significant.

Do I need to seek help from a lawyer when dividing a debt?

If you are interested in keeping your debt as small as possible, then you will still have to seek help from a lawyer. He will draw up a statement of claim with favorable terms, will be able to competently represent your interests and defend your rights.

By special agreement, you can use the service “Representation of interests in court without your presence.”

Our company can offer you and your loved ones the assistance of a lawyer in dividing the loan after a divorce. Since 2000, we have been faced daily with the division of debts in divorces throughout Ukraine.

We will be happy to help you resolve your family dispute.

How to divide a loan during a divorce - useful information in the blog Before Salary

What to do if you don't want to pay your ex-spouse's debts after divorce

Married couples usually have a lot of jointly acquired property: from a refrigerator to an apartment, and some were purchased on credit. After a divorce, both spouses must pay some debts. We tell you which loans are recognized as common and how to resolve the issue pre-trial or in court.

The most important

A loan issued during marriage is not always recognized as joint. Remember that the debt is divided in half if at least one circumstance is met:

• The loan was issued with the consent of both spouses in the interests of the family.
• The money was spent on the needs of the family.

The one who initiated the division of the loan will prove these facts. Moreover, the arguments will be useful both for the bank and in court.

Loan during marriage

The powers of the bank and the court should not be confused. For example, a bank does not transfer a loan to one of the spouses only because the court has ruled so.

When concluding a loan agreement, the bank by default has only the borrower in mind. He does not take into account the fact that the conditional Igor has a wife, Natalya, who also makes payments.

Let's imagine that Igor and Natalya divorced, and Igor went to court to divide the loan, because the money was spent on common needs. The court will find out the bank's position.

The bank may agree to transfer the loan to Natalya, or it may refuse. For example, if from the point of view of the bank Natalya is not solvent enough, it is risky to issue her a loan. In this case, Igor will be able to recover his part of the money from his ex-wife after he closes the loan on his own (and by a court decision).

Another situation: a family took out a loan, and after the divorce, one of the spouses repaid the joint loan ahead of schedule. He can go to court and recover half the amount from his ex-spouse.

Premarital loan

A loan taken before marriage, like premarital property, remains with its owner.

Sometimes a loan is taken out for a wedding (respectively, before marriage). In case of separation, the payment obligations will be on the one who entered into the agreement with the bank. In general, a wedding on credit is not the smartest financial decision. But if you decide to take this desperate step, let the bride or groom act as a co-borrower.

We decided to separate: what to do?

If you and your spouse have come to a common denominator and decided who will get what, enter into a prenuptial agreement or an agreement on the division of property. First, learn how these documents differ and decide what is appropriate for your case.

Marriage contract:

• It can be concluded before marriage and during marriage.
• Begins to operate only after marriage registration.
• Allows you to include clauses on the division of property that may appear in the future.
• You can indicate that the loan will be repaid by the person to whom it is issued.

Property division agreement:

• It is concluded before or after a divorce, certified by a notary (like a marriage contract).
• Allows the division of property that exists at the time of drawing up the agreement.

If peaceful negotiations with your spouse are impossible, file for divorce and division of property as soon as possible. Until the marriage is dissolved, your spouse may still have time to complicate your life: for example, take out a loan for yourself and try to register it as taken out for the needs of the family.

When family life is cloudless, few people think about dividing property and loans. But then it may be too late. It is better to arrange everything right away so that you are not left with nothing (conclude a marriage contract, save receipts for large purchases, etc.). We hope that these tips will not be useful to you, but it is better to be on the safe side.

How to divide a loan during a divorce - 13 tips

How to divide a loan during a divorce is a question that, unfortunately, people face quite often. And it is quite difficult to solve. Financer experts decided to tell you how to act in such a situation and how to insure yourself against difficulties in advance.

When can the loan be divided?

There are only two reasons for dividing the loan:

• it was registered after marriage
• the funds were spent specifically on family needs
• the loan was issued before marriage, but the future spouse was included in the agreement as a co-borrower or guarantor

In all other cases, the debt will be repaid by the person for whom the loan was opened. Moreover, if your spouse spent money on some needs other than family needs, it is highly likely that it is not you who will have to prove that you are right, but your other half. Especially if it was not a targeted loan (like a mortgage).

When are obligations left to only one spouse?

• If the loan was issued after you separated, even if you are officially still married. You just need to prove your separation.
• If the loan was received before marriage
• If the money was not spent on family needs (consumer loan, car loan, etc.)

• Even if the loan was divided by a court decision, the bank will still collect the debt from the person with whom it entered into an agreement. That is, paying your part and calming down, believing that your ex-other half owes the rest, will not work. If the former spouse does not intend to fulfill his obligations, he will have to pay off the debt in full, and only then recover half of the funds in court.
• If the loan was recognized as joint, but you paid it off yourself, you can demand half of the money from your ex-wife or husband only within 3 years. Moreover, each payment is considered separately. Therefore, if we are talking about a long-term loan, do not delay.
• If one of the spouses acted as a co-borrower or guarantor, the bank in any case can demand fulfillment of obligations from both. Even if the court recognized that only one person should pay off the loan. The only difference is that the co-borrower has the right to demand only half of the amount, and the guarantor - the whole.
• When dividing a loan, you can give up part of the common property to pay for your part of the debt. But if you are registered as a co-borrower or guarantor, this issue will still have to be resolved with the bank.

The main thing to remember is that the court decision and relations with the bank have no relationship. The bank, relatively speaking, does not care how the court decided to divide the obligations.

There is a specific agreement concluded with a specific person (or people). Therefore, the loan will have to be repaid in accordance with the agreement, but then, if the former other half fails to fulfill obligations, they will have to restore their rights in court.

3 ways to insure yourself in advance

Rare people get married immediately thinking about what to do in case of divorce. Still, it’s better to insure yourself in advance than to solve problems later.

1. Draw up a marriage contract , which will specify which loans are considered general and which are considered personal. This way, after a divorce, you are guaranteed not to have to pay a loan for your spouse, who took out a loan for his car during marriage.
2. Complete all documents correctly and officially - even if it is a receipt for you from your spouse. Keep all documents in originals.
3. Keep documents about what the loan funds were spent on - if you cannot prove that they were spent on general needs, you will have to pay off the debt alone.

Now you know how to divide a loan during a divorce and how not to lead to a tragedy. Take care of each other, but follow simple safety rules. Believe me, if you don't have to worry about the future, the relationship will only become stronger.

Expert consultant with 8 years of experience in the field of lending, finance, business and investment. In 2023, he analyzed more than 500 proposals from banking and insurance institutions.

Paying off a loan after a divorce

According to the Family Code, during a divorce, debts between spouses are distributed in proportion to the share of property they received after its division. If, for example, one spouse received one third of the property, then he gets a third of the debts. The one who received two-thirds of the property also receives two-thirds of the debts.

It should be noted that only those loans that were spent on the needs of the family are divided in this way. If the spouse used the funds received for personal purposes, then after the divorce he will receive the loan in full, but sometimes it can be quite difficult to prove for what needs the loan was used.

• To avoid controversial situations, banks act as follows:
• — involve a spouse as a co-borrower (in this case, both spouses are equally responsible for their obligations);
• - involve the spouse as a guarantor (if the borrower does not pay the loan, then the demand for repayment of the loan is made to the guarantor; after the guarantor repays the debt, he can legally demand from the borrower reimbursement of the spent funds);
• - require the written consent of the spouse to conclude a loan agreement (this measure avoids unnecessary litigation and confirms that the spouse was aware of the transaction).
• If the spouses have independently agreed on the proportions in which to divide the debts, they can enter into a prenuptial agreement or an agreement on the division of property.

For bankers, it does not matter in what proportions the spouses share property, since in accordance with the law, everything acquired during marriage is considered common.

In accordance with this, when one of the spouses signs a loan agreement, by law he also acts on behalf of his other half. Consequently, everyone is obliged to answer for their debt. And if the bank cannot find the borrower himself, he will turn to his ex-spouse.

And they can now submit so-called recourse claims to each other through the court and seek payment of part of the compensation for the repaid loan.

Loans received by either spouse before marriage are not common, and the person in whose name the loan was issued must be responsible for the repayment of such debts.

Remember that you can file a claim in court for the division of property only within 3 years after the divorce. Otherwise, the requirements will not be satisfied due to the expiration of the statute of limitations.