The upcoming divorce entails financial problems, division of property and money. Do not give in to the temptation and increase the financial burden due to new loans, the initiator of the loan will have to pay off on them.
Credit before parting: is it worth taking
The decision to dissolve the marriage entails not only problems with the living of joint children and personal experiences of the spouses. A serious question arises - the division of property. It includes an apartment, furnishings, cars and other vehicles, as well as cash, deposits, securities. Joint debts are also subject to division. Loans taken during marriage can be paid by both spouses in equal shares. This is why some divorcing people plan to take out a bank loan on the eve of a divorce in order to subsequently share the burden of payments with their ex-spouse.
Lawyers warn that it is worth deciding on such a step only in a hopeless situation and by mutual agreement. For example, a wife and children will need an apartment, and after a divorce, the husband agrees to pay half of the share. In this case, a slight decrease in the amount of alimony is possible. It is easier for a family with two workers to get a profitable mortgage, so spouses planning a divorce may well decide to take this step. So that they are not suspected of fraud, you should not apply for a loan immediately before the divorce, it is better to do this a few months before the event.
Any of the spouses can take out a small personal loan for their own needs. It is advisable to notify your partner so as not to complicate the situation. It is important to realize that such a loan after a divorce will have to be paid from personal funds. Attempting to separate it from your spouse may result in a lawyer and legal action. As a result, money can be collected from the defendant for moral damages.
Attempts to take money secretly, intending to "hang" the debt on the ex-spouse, are almost always doomed to failure. When issuing large amounts of money, banks are interested in marital status and either require the written consent of the husband or wife, or call them to clarify the situation. If you agreed to a loan, it can be recognized as joint, and both will have to pay on it. If a loan is taken fraudulently without notifying the other half, it is considered personal and is paid from the funds of the person in whose name it is issued.
How the loan is divided after a divorce
All loans taken by spouses can be divided into joint and separate. The first category includes loans taken for the needs of the family. This category most often includes mortgages, car loans, large loans for home renovations, education of common children, or joint trips. In this case, it does not matter in whose name the loan is issued and from whose card payments are made. After a divorce, bills can be split and each co-borrower will pay off-line.
In determining the amount to be paid, the share received by the husband or wife will be taken into account. To determine it, it is necessary to draw up a statement of claim to the court, which can be filed together with an application for divorce. Often, former spouses are engaged in the division of debts after the divorce. It is not worthwhile to draw up a claim on your own, it is better to contact a professional lawyer who will not only draw up the paperwork, but also be able to represent the interests of the defendant in court.
Personal loans are loans taken by one of the spouses for their own needs without the written consent of the husband or wife. For such loans to be recognized as joint loans, it will be necessary to prove that the money was spent on the family. It is difficult to do this without a lawyer; judges often refuse to satisfy the claim. The expenses can be confirmed by checks (explaining that the money was spent on repairing a shared apartment, car, medical treatment or education of children), as well as testimony of witnesses. Until the loan is officially divided, with the registration of all papers, the spouse in whose name the loan is issued must pay the debt personally. Failure to pay will entail a visit to the lawsuit and collectors, divorce will not be considered a valid reason for delay.
If the court has recognized the loan as general, the debt is divided in equal or different proportions. Personal debts are not shared and cannot affect the reduction of alimony or change in the property share. Such recalculations are possible only with the mutual consent of the spouses, which must be obtained out of court.
