As often, we hear stories about how the bank requires one of the spouses to object to the borrowed funds, which did not even suspect a man in marriage. And now after the divorce, the lender threatens the appointment of fines or, worse, the court.
How to be in such a situation? Are the creditor’s claims regarding spouses divorced if a loan was issued? Let’s discern in our article.
If in marriage one of the spouses was taken a loan, then he is recognized as common only in the case of complete prognosis that funds were spent on family needed. Clause 2 of Article 45 of the Family Code of the Russian Federation enshrines all the same provisions on joint responsibility.
If the spouses officially did not divorce, but already lived separately, then to prove one of them that the cash was spent on personal needed the other much easier. For example, if a wife took a loan to repair his car, then prove that this family spending is almost impossible.
But if someone from the spouses took a loan to repair an apartment or a house where the whole family lived, then prove that the money was implemented for family-owned are already easier.
It is important to understand that the court may oblige you to pay a part of the loan, but not all its cost. In order to increase the chances of execution by the spouse of the loan obligations in full, it is necessary to prove, firstly, that the loan was taken to marriage or in the time of marriage, but with separate accommodation.
Secondly, if neither, neither another cannot be proved, as the loan was decorated in marriage and with good relations between spouses, then the spouse needs to prove that the money was not spent on the family, and the personal need a borrower.
Provided that the spouse managed to prove that the cash went to family needs, then you can only try to convince the court, that your income allowed you to purchase goods without a loan that the feasibility of its design was absent, the spouse had access to money and Could manage them, but decided to make a loan without your knowledge.
When it comes to jointly accommodated property at a divorce, the state supports both spouses. The law provides for an equal section.
Rarely, the property section is happening peaceful, more often the spouses are fighting each other for each square meter of real estate, or a family car is almost disassembled by spare parts. Therefore, experts advise, to compile a marriage agreement in which the share of property will be prescribed in advance.
If your spouse or spouse does not plan to share debt obligations, it is not necessary to rush to court. Credit obligations will remain on who concluded a loan agreement.
The exceptions are situations where the second spouse is a guarantor or a loan coacher. So in the mortgage, as a rule, the second spouse always performs a coincide and carries a solidarity responsibility under the loan agreement.