At a time when the family is collapsing, the idea of which of the spouses will hang to the bank does not come immediately. However, it is impossible to pull for a long time,
If there are problems and misunderstandings, thenit is already necessary to apply to the procedure established by law for the division of obligations. When divorcing loans are divided in half, if, of course, they were issued during the marriage, and the marriage contract or the court's decision does not provide for a different procedure for determining property and obligations between spouses.
Procedure for the section of the loan agreement
How is the loan divided by the bank itself? The financial and credit institution can offer a re-registration of the contract and divide the balance of obligations between husband and wife by signing a new agreement with separate repayment schedules for each of the borrowers.
Another option - the contract remains unchanged,simply the court obliges the second spouse, who does not act officially as a borrower, to make a certain part of the mandatory payment in accordance with the current schedule, or at the same time pay off part of the debt ahead of schedule.
In addition, the bank may require terminationof the contract and recommend to realize the property purchased on the loan funds that is in pledge in order to return the balance of the debt and pay off ahead of schedule for the obligations.
Pay only on your accounts
Difficulties can arise if necessaryto understand how the loan is divided in a divorce, if the money was not received for general household needs for targeted programs (for example, to buy a dwelling, dacha or car), but in cash. In this situation, the parties in the court will need to document the expenditure items of borrowed funds, and if the money is spent on the personal needs of one of the spouses, then the debt obligations can be transferred exclusively to him.
Return money even to the uninitiated
Are divorced loans divided, if one of thethe couple did not inform the second about getting borrowed funds? The answer to this question is unequivocal: even if you do not know, you still have to pay your half of the debt. But you can, again with the help of the court, disown from such a "gift", proving that the borrower was very secretive with the second half, and therefore did not tell where the money brings.
The third is not superfluous
Before you decide how the loan is divided in a divorceif there are children in the family, the court will take into account the following facts: with whom will the children remain, who will keep them, what are the incomes of both parties, is the amount of alimony sufficient, and in whose interests was the loan received sometime?
Chances of staying with a child in their arms without the means toexistence, and even with debts on the loans of the former spouse when applying to court are scanty. All financial aspects of residence and the maintenance of minors will be taken into account when considering the case and making a decision.