In the event of a divorce, the joint property is divided equally between the man and the woman. However, disagreements often arise, especially when dividing debt obligations, which include a mortgage.
The Family Code of the Russian Federation states that real estate acquired in marriage (including mortgages) acquires the status of jointly acquired property, therefore, in case of divorce, it is divided equally between the former spouses. Regardless of who the bank mortgage was issued to - a husband or wife, after a divorce, credit obligations remain for both spouses equally.
One of the ways to resolve a possible conflict in the division of a mortgage apartment is an amicable agreement between a man and a woman. Depending on the financial situation, the former spouses can agree on who and how will make the mortgage payments in the future. If, for example, a woman has financial difficulties, a man can take on loan obligations temporarily or until they are paid off.
First, you need to contact the bank and notify it about who will make payments in the future. If the former spouses want to change the order of payments, it will be necessary to re-execute the contract with the person who incurs the corresponding obligations. In situations where spouses act as co-borrowers on a loan, the bank concludes a separate agreement with each of the parties and establishes an individual payment procedure for them.
After signing the relevant papers, you can proceed to concluding an agreement. It is best to draw up it in writing and notarize it with the transfer of copies to both parties. If one of the parties refuses or does not have the financial ability to repay its share of the loan in the future, it can give up its share of the real estate.
Another way of dividing mortgaged living space is litigation between former spouses. An application to the court should be filed if one of the parties, without any reason, refuses to equally share the joint debt, and also does not want to alienate its share. In such a situation, the court will study the specifics of concluding a mortgage agreement with the bank, take into account the current housing and financial situation of each of the spouses, as well as the presence of children living together.
Based on the results of the proceedings, the court divides the debt obligations in a special order and sends the order to the bank that issued the mortgage. In the future, if any of the parties violates the contract and delays payments on the mortgage for a long time, the credit institution has the right to demand the transfer of rights to the corresponding share of real estate in court. Upon successful repayment of the mortgage, the apartment is transferred to the shared use of the former spouses (and their adult children, if any), if none of the parties has previously abandoned the property and debt obligations.
