You can recover compensation from your husband only for the loan paid. This can be done in court. A positive decision will only be with a general loan, in which the funds were spent in full on the family.
The Family Code of the Russian Federation states that not only property acquired in marriage belongs to both spouses in equal parts, but also debts. Therefore, the responsibility for unpaid loans lies with both the wife and the husband. The recovery of compensation depends on the circumstances that led to the occurrence of the situation.
Loan processing without the participation and consent of the husband
When a woman signs the loan agreement, the debt becomes personal. The only condition is that none of the documents should contain the signature of the spouse. In this case, it will be difficult to recover compensation.
If the funds were spent in full for the needs of the family, then the debt will be recognized as general by the court. It is easy to prove such use of funds by justifying the need to make a purchase, providing the necessary documentation.
Subtleties
When signing an agreement by both citizens, the purpose of obtaining a loan does not matter. If the husband loses the opportunity to contribute funds to pay off the debt, most often the spouse makes payments on a voluntary basis. If the spouse has nothing to do with a problem debt, does not work, cannot secure obligations to the bank, then it will not be possible to collect the amount in court. This means that it will not be possible to seize his accounts.
Is it possible to receive compensation when applying for a loan for both spouses
The agreement may indicate that members of the same family are co-borrowers. In this case, the collection on payment will have a joint and several order and relate to both common and personal property. Similar circumstances apply to sureties.
Most often, the need to receive compensation from a spouse arises in a divorce situation. In this case, the total loan is divided into two parts. The same applies to utility bills, rent. Upon receipt of funds for the purchase of a car, the debt is paid to those who use the car. The second spouse receives compensation minus a share of the remaining payments.
How to recover compensation?
Divorce
Common property, apartment and debts can be divided up to three years after divorce. The term starts from the moment when one of the parties learned about the violation of rights. If the ex-husband does not agree to continue paying part of the loan, the decision is made in court.
- With a debt of less than 50 thousand rubles, you must apply to the magistrate's court.
- If you need to return more, then the case is opened in the district or city court.
The plaintiff must pay 1% of the total amount of the claim. The statement of claim for the section of the loan includes:
- personal information about both spouses (passport data);
- obligations of marriage relations;
- the basis for the division of debts;
- the name of the creditor and the amount owed.
You can do another way - inform the collection service about the divorce. In any case, you need to prepare evidence of the use of funds for the family. In case of refusal to pay compensation, the court may impose a collection on the spouse's personal property. If during the divorce proceedings this issue was not resolved, then the bank or wife can additionally apply within the framework of one proceeding to allocate a share in the common property. However, court practice in this area is rarely carried out, mainly in the presence of multimillion-dollar debts or in the presence of very expensive property.
Compensation with the preservation of marital relations
If you need to receive funds without a divorce, you can try to split the loan commitment. But it is difficult to get a positive decision through the court without the consent of the bank. Therefore, the courts often refuse to determine the shares in the loan agreement. But you can divide the debts directly, without changing the agreement and other securities. In this case, we are talking about compensation, but its collection in favor of one party for the future period is impossible. Only for the amounts actually paid.
In any case, the following package of documents must be submitted to the court:
Marriage certificate (on dissolution, if any);
- property documents;
- credit agreements;
- a certificate from the bank about the payments made;
- evidence base that can influence the final decision of the judge.
Thus, compensation can only be collected for general loans taken for the needs of the family. A small consumer loan can also become a reason for litigation. To receive 50%, the issue is resolved upon completion of payments. Otherwise, the loan agreement must be reissued and a special court procedure must be followed. Compensation is most often transferred to the card within the period specified in the court decision.
