At that moment, when the family collapses, the idea of which of the spouses will hang obligations to the bank does not come immediately. However, it is impossible to take long
If problems or misunderstandings arise, thenit is already necessary to refer to the procedure for dividing obligations established by law. During a divorce, loans are divided in half, if, of course, they were issued during the marriage, and the marriage contract or court decision does not provide for a different procedure for determining the property and obligations between the spouses.
How is a loan divided during a divorce by the bank itself?A financial institution can propose a reissue 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,the court simply obliges the second spouse, who is not officially a borrower, to make a certain part of the obligatory payment in accordance with the current schedule, or to repay his part of the debt ahead of schedule at a time.
Additionally, the bank may require termination.contract and recommend to realize the property purchased on the loan funds, which is in the pledge, in order to return the remaining debt and pay ahead for the obligations.
Difficulties may occur if necessary.to figure out how a loan is divided during a divorce, if the money was received not for general family needs for targeted programs (for example, for buying a home, a summer house or a car), but in cash. In this situation, in court, the parties will need to document the expenditure of borrowed funds, and if the money went to the personal needs of one of the spouses, then the debt obligations can be transferred exclusively to him.
Does a divorce split if one ofspouses did not put the second aware of the receipt of borrowed funds? The answer to this question is unequivocal: even if you are not aware, you still have to give up your half of the debt. But it is possible, again with the help of the court, to disown such a “gift” by proving that the borrower was very secretive with the second half, and therefore did not say where he brings the money.
Before deciding how to divide a loanif there are children in the family, the court will take into account the following facts: who will the children remain with, who will support them, what are the incomes of both parties, whether the amount of alimony is sufficient, and in whose interests a loan was obtained once.
Chances to stay with a child without money toto existence, and also with debts on loans of the former spouse when going to court is scanty. All financial aspects of residence and maintenance of minors will be taken into account when considering the case and making a decision.
