Go to the note. Deprivation vs. suffering with a mortgage in a divorce

You can avoid the problem with the mortgage in the divorce beforehand –

A mortgage on a property during divorce can be a big problem. An agreement between husband and wife will often not be paid and even one of the husband and I will get stuck. It can be easy for me when the husband concludes a contract with you.

By entering into marriages, the common name manel (SJM) is formed. This set of property and volume defines the civil law.


  • property acquired by one or both of the spouses for the duration of the marriage, with the exception of property acquired through inheritance or gift, property acquired by one of the spouses for the property .
  • bonds which arose from one or both spouses together during a permanent marriage, with the exception of bundles relating to property not belonging to one of them, and the bundle, the extent of which exceeds the property ratio of the spouse held by one of them without the consent of the other

Therefore, if a mortgage is acquired during the marriage, both the real estate and the bond (mortgage) belong to the common name. This is important for a lasting relationship in the event of a divorce.

Contract only at note

Manels can be shared at any time, before or at the time of the marriage. However, it is necessary to conclude a contract concluded in the form of a notation, so it is not necessary to make a wall statement and even a written contract of both spouses. Kon requires a contract concluded by both partners before the note. This can ensure free speech to both partners and prevent, for example, the danger of enforcing the signing of force.

Manel can draw up their own contract for a female SJM themselves or a lawyer will create it for them. The price for the creation of the contract is the subject of an agreement between both parties and the price for the notarial deed of this document is determined by the notarial fees. It ranges from 0.05 to two percent of the contract value.

By the agreement on the common name of the manel, the manel can adjust the scope of assets and volumes expected in the future, as well as the assets and volumes of existing ones. The apartment can therefore also be removed from the SJM. Such a contract is entered into the cadastre of real estate and the first action is made at the time of deposit in the cadastre.

Divorce at a detached apartment – in addition to real estate
The subject of Zen SJM was primarily the effort of one of the partners to secure an unlimited first to the property in case of bankruptcy. As a rule, it is the movable property of a male couple, who, in addition to real estate, also takes on ties resulting from the fulfillment of the heat. Therefore, if there is a contract for the allocation of real estate and related bonds, the divorce is subject to all other joint property and all other bonds. The property is dlen uetena.

If the SJM user has not created a contract for the first time, the salary is generally based on the full amount – volume and property. Thus, on the one hand, they have the assets they have held for the duration of the permanent marriage (apartment, car, furnished equipment) and, on the other hand, they have common bonds – in our case, at least the volume in the mortgage bank. Of course, the wrong way in which fzi bhu vrovu relation to the collapse of marriages come. Before the end of the mortgage, it will be a bundle in the tens of thousands, while even after the conclusion of the contract you will lose millions. This is taken into account in the special lower shaft.

Given the uniqueness of each landing, it does not make sense to give a specific example. The key is that the manel is based equally on the castle of the bonds created during the marriage, and at the same time the property is acquired equally during the bond. This always applies if the joint name is not regulated by an amending contract.

Mortgage and divorce – in cooperation with the bank

So what can divorce manel do with a mortgaged property? If the manners do not want to live in the property, offer to transfer him to this person. Due to the existence of a union relationship between the bank and the mortgage first, such a transfer must be approved by the bank. This, of course, did so in the case that it is a creditworthy person who will ensure immediate fulfillment. At best, the new owner has the cash to pay the purchase price, and the manager pays the bank a debt and the whole relationship ends.

Probably the most complicated situation arises in the case where one of the spouses from the union with unlimited SJM wants to occupy the property even after the divorce. In such a case, the bank will test its creditworthiness, or a co-length will fall out of the equilibrium relationship, and at the same time a complicated property will fall between the manners according to the described scheme. Manel remaining in the apartment must prepare for the payment of the second manel, which is often a problem.

The length of the property dependence on the amount of property and the volume that is distributed by the average. Very often, in addition, some of the pair will use the first means available to prolong the whole process.

The scope of such a relationship is very complicated, or a man’s case of various pins in an irreconcilable position, and no matter how the agreement. Contracts regarding property management and bundle can therefore be recommended, especially at the current high divorce rate.

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