Today it is not necessary to be officially married to obtain a mortgage. Banks willingly provide loans to persons in a civil marriage.
According to Russian law, a civil marriage has no legal force. Despite this, the absence of a stamp in the passport for banks is not a reason for refusing a mortgage loan.
Couples who are in a civil marriage cannot participate in preferential mortgage programs, and are also not eligible for subsidies.
The main criterion is the solvency of borrowers.
What is required to obtain a mortgage in a civil marriage
The procedure for obtaining a mortgage in a civil marriage does not differ in its essence from a mortgage for officially registered married couples. The list of requirements of most banks:
1. Presence of a down payment. Its size depends on the bank and on average ranges from 10-15% for new buildings and 15-20% for secondary housing.
2. Documents confirming income (2-NDFL certificate, bank statement, income declaration).
3. Other documents, the list of which varies depending on the selected bank.
Mortgage registration options in a civil marriage
In its most general form, there are two options for registering a mortgage for unregistered spouses:
1. The mortgage is issued to one of the common-law spouses. When applying for a loan, only his income is taken into account, the second spouse can act as a guarantor. Among the disadvantages of this option - when parting, the second spouse will be quite problematic to prove his involvement in the repayment of the loan.
It should be noted that in some banks an apartment can be registered in the ownership of only one of the borrowers, in others - in shared ownership.
A variation of this option is the registration of a mortgage for one spouse and the division of loan payments into two parts. Upon separation, such property will be divided by a court decision.
2. The mortgage is issued for two common-law spouses. Both spouses become borrowers and owners of real estate on joint and several terms. Such equal rights and obligations make it possible to own property in equal shares after separation.
What are the nuances to consider when applying for a mortgage in a civil marriage
The most important question that spouses in a civil marriage face is who will get the apartment in case of separation. Due to the fact that a civil marriage has no legal force, all property acquired during the period of cohabitation will go to the spouse to whom it is registered.
If the mortgage was not issued for two co-borrowers, then neither of the spouses will be able to lose their share (it is spelled out in the contract). Otherwise, the party that is not registered in the mortgage agreement as the owner must take a number of actions:
1. Before applying for a mortgage, it is better to sign a loan agreement with your spouse, in which you indicate the amount that each of the parties invests in the mortgage loan.
2. It is necessary to keep all receipts confirming expenses during the joint residence. It is best to deposit money on your own behalf into the borrower's account.
