How to divide in the divorce an apartment together in the mortgage?

You took out a mortgage, planning to live in a new apartment happily, but the happiness did not happen – your family is on the verge of collapse. And one of the main issues – what to do with real estate, a debt which is not yet paid?

Instruction

1. The law States: flat, acquired by the spouses during the marriage is joint property and in case of divorce is divided in half, if the contract between spouses there are no other conditions. However, the flat, purchased in the mortgage, cannot be considered the property until settlement it is pledged to the Bank. The main task is to decide how and who will pay for the mortgage contract.
2. According to the agreement, the borrowers shall notify the Bank about all changes in my life – job change, change of material and, of course, marital status. So about the upcoming divorce , the Bank needs to know first. Note that the idea to divide the rent you owe in half and pay independently from each other, the Bank is unlikely to approve.
3. You can offer another option – one spouse renew the mortgage contract itself. If you can afford to make monthly payments, the Bank can approve the deal. However, this is disadvantageous to the spouse who agreed to pay a debt – because the other spouse retains the right to half of the apartment regardless of who is for it is calculated.
4. A more equitable option would be to seek funds and to repay the debt for the apartment ahead of time. You will then be able to sell the flat and split the money in half. If this option is unacceptable to you, you can ask the Bank's permission to sell the apartment in pledge. In most cases, the Bank approves the transaction. Selling through a real estate Agency, has entered into a contract with the Bank. After deduction of the amount of debt and interest for the transaction processing you will receive money for the sold apartment and will be able to share them with each other.