How to split debts after a divorce
How to split debts after a divorce
In family life, there are many problems thatspouses decide, including, with the help of loans, for example, the purchase of an apartment in a mortgage. But often the family relationship ends in divorce. Then before the former spouses there is a problem how to divide, the married loan.
Instructions
1
As a general rule, the section is to be sharedthe acquired property of the spouses, and the debts that arose during the marriage. The following cases are an exception to this rule: - if one of the spouses has issued a loan without the consent of the second spouse, - if a marriage contract has been concluded between the spouses in which it is determined that the debts of each spouse belong to him personally - if a property sharing agreement is concluded between the spouses , including debts, in which it can be stated that the debts under credits are subject to payment by the spouse to whom they are registered. If the spouses want, they can assure such an agreement with a notary.
2
According to the current legislation,loans can only be recovered from the spouse to whom they are registered. But, if his property is not enough, then the recovery can be turned and on the property of the second spouse.
3
If the debts under the loan are divided between the spouses, then each of them can claim for the property purchased on credit funds in proportion to the share of its loan debt.