At the time when the family breaks down, the idea of the couple on whom hung obligations to the bank, does not come immediately.However, the long pull it is impossible, because the date of the next payment is coming, but because you need to decide how and to whom have to repay the debt.The question of how the loan is divided in a divorce, you should try to solve the former spouses have jointly come to a compromise.
If you have problems and misunderstandings, even then must apply to the procedure established by law section of obligations.During the divorce loans are divided in half, unless they have been issued during the marriage, and the marriage contract or by a court decision provides a different procedure for determining the property and obligations between the spouses.
Procedure section of the credit agreement How
loan is divided in a divorce by the bank?Financial and credit institutions to offer renewal of the contract and divided the rest of the obligations between husband and wife, by signing a new deal with individual repayment schedules for each of the borrowers.
Another option - the agreement remains unchanged, only the court obligates the other spouse is not acting officially the borrower to make a certain part of the mandatory payment in accordance with the schedule, or a lump sum to repay part of its debt ahead of schedule.
Additionally the bank may require termination of the agreement and to recommend the means to realize the acquired loan assets under pledge to return the balance of the debt and pay in advance for the obligations.
only pay their bills
Difficulties may arise if necessary to understand how the loan is divided in a divorce, if the money was not received obschesemeynye need for targeted programs (for example, for the purchase of property, house or car), and cash.In this situation, the court will require the parties to document Article spending borrowed funds, and if the money went to the personal needs of a spouse, and the debt may be transferred only to him.
even need to return the money to the uninitiated
Divide whether a divorce loans, if one of the spouses did not put the second in the popularity of the receipt of borrowed funds?On this question the answer is clear: even if you do not know, give her half of the debt will still have.But it is possible, again with the help of the court to disown such a "gift", proving that the borrower was very secretive in the second half, and therefore did not say where the money brings.
third is not superfluous
Before you decide how the loan is divided in a divorce in the presence of children in the family, the court will take into account the following facts: who will the children who they will contain, what are the revenues from both sides, there is sufficient amount of support,and in whose interest has been received once the loan.
chance to stay with a baby without a livelihood, and even with the debt on loans ex-spouse when applying to the court scanty.All financial aspects of living and juveniles are taken into account in the proceedings and the judgment.
