How to draw up documents for the section of the apartment, which is in the mortgage?
My husband and I recently divorced and are now sharing property. Tell me how to make out a section of the apartment, which is still in the mortgage?
There are 2 answers
Answered on December 8, 2014 16:24
It all depends on who is the borrower of the apartment. If you and your spouse were co-borrowers, then there are two options: to get permission from the bank so that joint responsibility is replaced by the obligation of each of you to pay your part of the debt. In this case, the bank and notary draws up new supplementary agreements to the loan agreement. True, in recent times, banks are reluctant to go for this procedure. You are not entitled to demand from the creditor. The second option, when the spouses are co-borrowers - to transfer the mortgage loan to one of the spouses. Again, the decision about this procedure remains with the lender. If the borrower was originally one of the spouses, then after the divorce, one of the spouses may require part of the payment for the apartment. Since the mortgage loan is paid from the family budget. To avoid this, it is important immediately after filing a divorce to go to the bank and issue one of the spouses as a guarantor. This is necessary for joint liability on the loan. In fact, it is best to conclude a marriage contract, where all these subtleties will be stated in advance. In addition, it is not bad to prescribe how property will be shared after a divorce.
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