Although the divorce - the procedure is unpleasant, fraught not only by psychological, but also financial problems, but I still propose to discuss this procedure, paying particular attention to the issue of the division of debt obligations arising during the marriage.
Everyone is well known that in the case of a divorce together, the accurate property is divided between spouses equally. In some cases, the court can retreat from the beginning of equality of the share of spouses, taking into account the interests of minor children and / or one of the spouses. For example, a spouse, without good reasons that did not receive income, or allowed the consumption of common property to the detriment of the interests of the family (alcohol, drugs, gambling) may well get under section of a smaller share.
What does the court come with the debt of spouses, allowing the issue of the division of property?
Common debts of spouses and the right of claim for the obligations arising in the interests of the family, in the division of property are distributed between them in the same proportion as the common property. Personal debts and obligations remain for each of the spouses and are not subject to section.
Total debts may be recognized debt obligations in the interests of the whole family, for example, in the period of marriage, one of the spouses issued a loan agreement or a loan agreement for the purpose of buying an apartment or a land plot for a family.
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As an example of personal debts of each spouse, such as: Debt on the payment of alimony for the maintenance of children from the previous marriage, commitment to compensation for harm caused to life, health or property of other persons; Debts arising before marriage registration or albeit during marriage, but aimed at meeting the needs of only one spouse.
Personal debts and obligations are not subject to the section between spouses in the case of a joint property section and remain the appropriate obligation in whose interests. According to personal obligations of one second spouse, it is not responsible for the property belonging to it, nor the share in the general property of spouses under its section.
The generals are debts and obligations arising both at the initiative of both spouses and at the initiative of one of them, provided that everything received was used for the common needs of the family. For example, one of the spouses concluded a loan agreement with the bank for the purchase of real estate, and the second spouse made a loan for the car, which are used by all family members.
Recognition of debt with general or personal occurs in the same trial in which the joint property is carried out, while the burden of proof lies on the spouse that claims to distribute debt with a retreat from the principles of equality.
In determining the share in total debts on loan obligations, decorated only on one of the spouses, the court without the prior consent of the credit institution is not entitled to produce a section of debt or replacement of the debtor in a contract with a credit institution, since the change in the terms of the previously concluded agreement is allowed only by agreement with all Participants of this contract.
Recognition of debt with general or personal occurs during the trial
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Therefore, if the bank has not expressed his consent to making changes to the loan agreement, the court under the loan obligation shall establish in its decision, which part of the debt spouse, on behalf of which a loan agreement was concluded, it is entitled to demand from another spouse after fulfilling its obligation to the credit institution fully or partially.
The need to partition the common property of spouses may occur not only at a divorce and not only at the initiative of one of them.
The lender on personal debts of one of the spouses, if the property of this spouse is not enough to meet the requirements of the creditor, may draw a penalty for the share of spouses, which will require a section of the common property of spouses at the request of such a lender in court.
The recovery will be drawn to the selected share of the spouse from the common property.
Of course, it is better to multiply the property, and not to share it and argue.
But if such a need for you arises, then it is necessary to remember that the result of a judicial dispute depends a lot on the volume and content of the evidence submitted in support and justification of its position.