What About Loans at Divorce?

When the divorce is dissolved, the credits are divided in the same way as the property. That is, in half. However, it is necessary to determine what loans are involved. If these are small consumer loans, then it is usually paid by the spouse to whom it is issued. For example, a husband receives a loan for the car along with the car. At the same time, he pays compensation to his wife, equal to half the amount already paid for the car. If the loan was taken for the general needs of the family, for example, for repairs, then it is divided in half. However, the burden of paying it also falls on the shoulders of one who is legally a borrower.

Principles of the division of property extend to the division of debts. Even if one of the spouses grabs loans for various purposes, they will have to pay both after the divorce. The exception is those cases when the loan was taken without the knowledge of the other spouse. But it still needs to be proved.

A bit more complicated if it comes to mortgage lending. After all, not only the credit itself is divided, but also the real estate for which it was issued. In dealing with such cases, different ways are possible.

If the mortgage was issued more recently, it is much easier to sell real estate, from the proceeds to pay the loan and the balance in cash equivalent divided in half.

The loan is given to the person who receives the real estate. The second spouse at the same time can expect compensation in the amount of half of the already paid funds for this housing.

Each spouse receives a certain share of real estate. The loan is divided by the equivalent of this share. At the same time, new loan agreements are being drawn up, new documents for the property are being drawn up. This approach is convenient when it comes to the large real estate, which can be divided. For example, about a country house. However, credit institutions are very reluctant to take such a step.

In order to avoid any disagreements and questions in the division of mortgages, it is better to make a marriage contract at the time of its conclusion.