The marriage contract is a paper document concluded by her husband and wife, stipulating the future life of newlyweds, their financial and property relations.
Effective way to protect their property, including mortgage, not only in family life, but also after a divorce.
The marriage contract is a rather specific agreement that either husband and wife sign, or people who are just preparing to become spouses. According to article 40 of the Family Code of the Russian FederationThe spouses can change the share of the collaborative property.
In such a document, the rights of each spouse are established on the property that is available at the family at the moment or will be purchased in the future.
Also marriage contract determines family expenses, the content of each other during marriage or after its termination. He regulates the procedure for dividing property. This is the so-called marriage contract.
The contract must be compiled in writing and is necessarily wiring at the notary, the contract must sign both persons going to enter into marriage or already spouses.
All this is written in Article 41 of the Family Code of the Russian Federation, Part 1 and Part 2.
Legal regulation
According to the RF IC, the contract is responsible only for property relations, non-property relations, such as rights and obligations related to children or carrying out cleaning in the apartment - are not included in the contract.
The contract should not infringe on the rights of any of the spouses, otherwise it can be terminated with the help of a court.
In addition to the Family Code, marriage contract can be settled:
- Civil Code of the Russian Federation - writing the contract itself and legal separation of property;
- The mortgage law is in case it is necessary to determine the security deposit on the obligations of spouses or one of them.
The contract regulates transactions with third parties, and not only the obligations of the pair of each other.
Marriage contract for mortgage
In order to avoid problems when divorced, it is recommended to arrange the marriage, taken to buy an apartment. Such a document will serve as a guarantor of spouses.
Most often, the funds embedded in the housing belong to spouses in an equal share. BUT in the event of a divorce, the bank for the new evaluates the creditworthiness of the spousewho wants to take over the remaining debt.
Sell \u200b\u200ban apartment purchased in such a loan - it is impossible, as it is the pledge of the bank.
What is the favorable such contract for the bank and the pair:
- For the Bank - the Bank receives the consent of two spouses at once and in the future eliminates the possibility of changing the borrower, except for rare exceptions, which increases the safety of such a loan;
- For spouses - taken loan is initially distributed between her husband and wife, as well as the treaty determines the responsibilities of each family member for the payments of the remaining debt.
During marriage
The law allows you to conclude a marriage contract at any time when it will be necessary.
When buying housing, a borrower can be like one of the spouses, and both - then you need a marriage contract.
Without signing a marriage contract in the refusal of one of the borrowers to pay its share, the second spouse will have to pay the whole debt.
After divorce
According to Article 43 of the RF IC, the conclusion of the marriage contract after the divorce is impossible.
Since marriage is canceled and the obligations of the contract. When divorced, only those commitments that were initially spelled out for such a case continue.
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The translation of a part of the debt on another spouse is possible only with the consent of the bank, and since banks rarely agree to these actions - a couple have to sell real estate to pay with the bank. With urgency - the price of an apartment drops significantly.
For marriage contract acted after the divorce, he should:
- Be concluded in writing;
- Certified by the notary;
- It was concluded before or during marriage.
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Prisoner in writing is certified by the notary prisoner before or during marriage
After the divorce, the contract can be resolved by the payment of alimony.
The rights and obligations of the spouses are as follows:
- Married, spouses can get the surname of one of them or preserve a breasting;
- Also, spouses are free in the choice of place of work, profession, place of residence - all personal rights are preserved;
- The right to the joint decision of the issues related to the family is the dissolution of the marriage or the adoption of the child's adoption.
The contract is needed for the distribution of rights and obligations between husband and wife, it will also ensure the justice of the real estate section during divorce - depending on the share of deposits and the amount of alimony.
You can use a standard sample or add your additional items that you consider necessary.
The cost of the contract depends on whether you fill it with a notary or not.
Registration
There is a standard sample, it consists of a title leaf and four positions:
- Title sheet - number of the contract itself, the city of filling, full of spouses, the place of residence and the number of marriage certificate;
- General provisions - are responsible for their accurate property, the separation of property at a divorce from her husband and wife or by mutual agreement;
- Features of the legal regime - the section of certain types of property, such as bank deposits and promotions, jewelry, wedding gifts and home interior are prescribed.
- Additional conditions - Termination of the rights of residence with one of the spouses in the apartment of another and the obligations of the Bank's notice of the Divorce;
- Final provisions - interactions with notary are prescribed: familiarization of the pair with the provisions of the contract, the moment of the entry into force of the contract, as well as the signatures of three persons, the date.
Photo gallery of a marriage contract:
Entry into force, change and termination of the address of the address and details
In the event of a contract in the Bank - you will be offered a standard sample.
However, the borrower has the right to disagree with the received paper - he can coordinate these provisions with his lawyer, add the necessary items and only after that sign in the bank.
Where to begin
Start decoration follows from the following steps:
- Discuss the conclusion of the contract with your partner. The contract must be voluntary for both sides. In case the spouse hesitates - it is not necessary to put pressure, the contract can be concluded after the wedding;
- You should compile a list of additions for documents and think over the filling of the contract. It depends on the financial position of the family. It is on the basis of this money, the bank will decide - to give or not a mortgage, whether money will have enough money for the monthly debt payment;
- It is recommended to determine the distribution of the share of spouses in the purchased real estate, the share in the received loan depends on this. Shares can be both equal and different - depends on the separation of each of the family members.
- It is also necessary to think about the division of property during a divorce, about what will go out to each of the spouses;
- It is necessary to determine for what time you conclude a contract, throughout the marriage or some of its period, the termination of the contract occurs only when signing both members.
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Conditions
The spouses themselves determine the conditions for taking a mortgage to purchase housing.
However, the contract must be information about:
- Which spouse is a borrower, and what a coacher;
- Who will be the owner of the acquired real estate;
- Who will contribute, if both are in which shares;
- What shares will share the remaining debt in the case of a divorce;
- How the section of the apartment will be produced in case of divorce;
- What income will spend money on loan payments.
Property regime
The law is indicated that any property purchased in marriage becomes general property.
In the case of a divorce, such property is divided equally between a pair.
If the spouses were married, but did not live together - the property acquired in such a period can be recognized as the property of only one person or one of the spouses spent the overall budget - the court can reduce the proportion of property for such a person.
By marriage contract you can change these conditions, if you register them in advance:
- You can register the existence of private property acquired personally by one of the spouses. Then, at a divorce, such property will depart the owner, without the possibility of the second to get a share of this;
- Split property on unequal shares, and not as in the standard sample - equally;
- Then, in the division of property, the court follows these shares, to get something over these fractions - it is impossible;
- In the case of indivisible property, such as a car - you can prescribe who exactly during the divorce it will go away.
Distribution of mortgage duty
The distribution of debt on the loan can also be spelled out in a marriage contract - it is more profitable for the bank, and for the family.
Under the contract housing in mortgage may be:
- Separate;
- Joint;
- Dolov
In the case of a divorce, the apartment is divided in proportion to the shares prescribed in the contract - the loan is also divided in accordance with these shares.
If the property was separate, then the debt pays only that spouse that made a mortgage.
In the case of joint real estate - the debt is paid in half, if nothing else is spelled out in a marriage contract.
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Sample
Since the law does not establish the obligations of the contract to fill out a contract, then there is no well-structured sample.
However, each notary has different samples of marriage contracts, both for separate property and joint.
Also, the notary can make a new treaty, given the additional wishes of customers. In this case, it is advisable to think over everything in advance.
Documents required for the marriage contract:
- Extract from the state registry or the contract of sale for real estate, if there are documents on the machine or;
- Receipt of payment of duty.
Photo of documents:
It is impossible to make data on real estate in encumbrance. Permission to such items issues a bank.
Pros and cons
With the positive and negative parties of the marriage contract, you can find the table:
| pros | Minuses |
|---|---|
| The family plot will always be distributed, there will be no disputes on this soil. | Some Russians consider such a contract manifestation or fear - which may complicate marriage. |
| Each spouse understands what will get in case of a divorce. | If people have low income - this contract is not quite needed. |
| The marriage contract allows you to hide low-income of a husband or wife - an increase in the possibility of getting a mortgage in a bank. | Clear formulations of duties and rights are needed - otherwise they can be challenged in a broken-separated process. |
| The possibility of preserving the property obtained before marriage is not necessary to give this property. | A good notary is needed - what can cost a lot. |
| In the contract you can register the amount of alimony and the second spouse will not be able to condemn it in court - as it was spelled out in the contract, you can also designate children to whom. | When taking an apartment in a mortgage - disadvantageous conditions from banks for spouses, as they are coaches and there are no third parties on which you can leave debt payment. |
| - | Some infringement of the rights of that spouse that will get a smaller share of property. |
| - | The contract regulates only those items that are written in it. |
| - | The contract does not allow to limit the rights of spouses to defense in court or to communicate with children in the event of a divorce. |
Conclusion
The marriage contract upon receipt of the loan is to conclude - to protect the rights of spouses.
For registration you can use both banking form, and personally go to a lawyer to conclude a contract.
It is necessary to clearly register all rights and obligations, as well as to assure the contract in the notary.
Video about the conclusion of the contract: