So, you took housing on a mortgage loan with your spouse. Planned to live happily ever after, however, now your family is in the stage of divorce. The most important question: “How to divide real estate, given that the debt has not yet been paid for it?”. But in any case, the house in Fedorovka will definitely come in handy for relaxation. Only here you will secure a wonderful vacation for a democratic price. So how to divide the apartment?
The law clearly says that the apartment that the spouses acquired, being married – joint property. If the divorce has rushed, then it is divided in half, if there are no other instructions in the contract. But here the apartment that is taken in a mortgage is not considered property until it is in pledge of a bank structure. The main task is the solution, who and how will be calculated for the apartment under a mortgage agreement.
Under the contract, you must tell the bank that you have changed your financial situation, whether it is a divorce or a change of work. The very first one should just find out the bank about the future divorce. The idea of dividing for a long time and paying spouses in half a bank structure is unlikely to like.
There is another option – renewal of a mortgage contract for one of the spouses, if its income allows regular payments every month. But this option is not very beneficial for the spouse, because the other retains the right to the apartment, despite who pays for it.
The most fair option is the search for cash and repayment of the debt ahead of schedule.