According to the law, with the divorce of the spouses, the section is subject to not only the general and jointly acquired property, but also the total debts. If you follow Art. 39 of the Family Code of the Russian Federation, then joint debts scored by spouses during the marriage relationship are distributed between them in accordance with the most awarded shares in general property. Usually, since the property is divided in half, then the debts of the spouses are also divided by half.
Legislation does not interfere with the spouses to have personal debt obligations, in which case they, according to the 308th article of the Civil Code of the Russian Federation, do not create responsibilities for their repayment for others, including for the second spouse. If the spouse has a personal debt that spent on their own needs, he remains exclusively for him and is not divided between spouses. According to paragraph 1 of Art. 45 IC of the Russian Federation, recovery on debt obligations of one of the spouses can be addressed only to the property of this spouse.
At the same time, there are some nuances that need to be considered depending on specific circumstances. Let's start with the fact that in Russian family and civil law, there is no concept of common debt of spouses. This means that the main role remains for judicial practice, and it is known to depend on each particular situation under consideration by the court.
First of all, it should be noted that the joint debt obligations of the spouses include those debts, the initiators of which were both spouses (they may act in this case with coaches, or give consent to the conclusion of the transaction). Secondly, the joint debts include debts that appeared due to the actions of one spouse, but aimed at ensuring the needs of the whole family as a whole (for example, the purchase of furniture spouse on credit or the purchase of an apartment for the whole family in the mortgage only one of the spouses).
In controversial situations, the section of the debt obligations of spouses occurs by the court decision
Photo: pixabay.com/ru.
In the latter case, emphasized in the definition of the Supreme Court of the Russian Federation of January 17, 2017 N 4-kg16-67, the burden of proving the fact that the funds received were spent on family needs or the needs of both spouses lies on the spouse - the borrower. It is easiest to prove that borrowed money went to the needs of the family when it comes to obtaining a mortgage loan. But in other cases it is possible to recognize the debt with general. Then it is necessary to submit to the court of evidence - checks, receipts, contracts for the purchase of furniture, household appliances, work, the provision of tourist, medical and other services to all family members, and not just the debtor's spouse, etc.
This norm allows you to protect the interests of the spouse in case the second spouse presents a receipt given by some persons to grant a large amount. If the spouse does not be able to prove that this amount was spent in the interests of the family for specific purposes, then obligations for this duty, even if he existed in reality, will continue to be completely behind this spouse.
In controversial situations, the Spouse's debt obligations occur by the court decision - the judicial instance establishes the fact of the availability of obligations, and also qualifies a debt obligation as a joint debt or personal debt of one of the spouses. It should also be remembered that if the debt obligation appeared after the actual cessation of marital relations, but even before the official divorce, then, according to Article 38 of the RF IC, it is recognized by only a spouse that is the initiator of the appearance of this debt obligation.