After a divorce, the question of the division of jointly acquired property almost always arises. But the ex-spouses really do not like to remember about the division of debt and loans. Let's figure out how to act in this situation.

The law says that in the event of a divorce, property and debts must be divided between the former spouses in equal shares.

The court, when making a decision on the division of the loan, will study who, when and for what needs took the loan. If one of the spouses took it to meet their needs, the court may oblige him to pay the entire amount on his own. Loans will only be shared when the money goes towards things, items or possessions for the benefit of the family. It can be buying an apartment, household appliances or a family car.

At the same time, it must be remembered that the banks themselves do not really like it when the debt is divided among several people. This is not very convenient for the bank, since now it needs to control more people. Also, this division of debt causes a large number of unpaid loans.

Recently, banks have begun to additionally insure themselves. If a person who wants to take a loan is married, the bank offers him several options to choose from:

• the second spouse must become a joint borrower on the loan;
• the second spouse must be the guarantor;
• you need the written consent of the second spouse to receive a loan.

When dividing property, you can draw up a special agreement. In it, you can specify any conditions that you agree on. For example, if the husband took out a loan to buy a car, the agreement can indicate that the car remains with him and he will also pay the entire loan.

Also, during the marriage or in advance, you can draw up a prenuptial agreement. In this agreement, you can specify all the conditions for the division of loans and debts.

It must also be remembered that when dividing loans, the court will take into account with whom minor children remain. For example, for a mother with a baby, a small percentage for payments can be set.

In 2020, to divide debts, you need to file a claim with the Magistrate's Court if the amount is less than 50,000 rubles. If more, contact the district court. Attach a copy of the marriage registration certificate to the statement of claim; documents confirming the debt; a copy of the passport and a receipt for payment of the state duty.

When dividing loans in court, credit card debt in most cases falls entirely on the person to whom this card belonged. It is believed that only one person can have access to it, therefore, he could make purchases on his own, without notifying the second spouse.

The same can apply to vacation loans. If a certain amount was taken from the bank, a ticket was bought with this money, on which only one spouse rested, then the obligation to pay the debt can be assigned entirely to him.

In any case, such disputes will be resolved in court. Each side will have to prove its case.

Remember the main thing:

1. Try to negotiate peacefully. Offer to draw up an agreement on the division of property and debts. Get it notarized.
2. If you can't reach an amicable agreement, contact a lawyer. Prepare a claim for the division of loans and go to court.
3. Gather all evidence of the loan, certificates, contracts, expense receipts, testimonies. Please state all of this on your claim.
4. Notify the bank of your divorce and pending trial.
5. If one of the spouses took a consumer loan without the consent of the other, most likely the court will oblige him to pay the debt on his own. But it will need to be proven.
6. If there is a mortgage, then both spouses must pay the debt, since the housing is jointly owned.

Questions and answers

Olga
I was married to a man for 4 years. At this time, we took out a loan to buy a car in the amount of 600 thousand rubles. The loan was for my husband. They divorced a month ago, I thought that my husband would pay the entire remaining amount, about 250 thousand remained to be paid. And the husband says that we must equally pay the balance of the debt. Can you explain to me?

Answer
According to the law, debts between former spouses who were received in marriage are divided in the same way as common property, that is, equally. It turns out that you will have to pay the remaining half of the loan, 125 thousand rubles. You will need to pay according to the terms of the loan agreement. Also be sure to notify the bank that you have divorced. Remember, if you do not want to voluntarily pay your part of the debt, the bank can go to court to recover this amount from you by court order.

Tatiana
My husband took out a loan before our marriage. Now he doesn’t pay anything at all, the bank calls regularly, threatening us with a lawsuit. I want to get a divorce, but my husband does not want to give his consent. Tell me what should I do? Maybe I need to pay a debt?

Answer
If the husband took a loan before marriage, you are not responsible for this. He will have to pay the entire amount on his own, there can be no claims against you. You can dissolve a marriage through the court.

Sergey
My wife and I have not lived together for 3 years already. She moved from me to another man, they now have a new family. During the marriage, we took out a mortgage on an apartment and a loan for a car. When my wife left me, she said that she did not need this apartment or a car. Her new man has everything. I want to get a divorce already and solve this issue. For all three years, the wife did not pay a penny, neither on a mortgage, nor on a loan. What can be done in such a situation?

Answer
In your situation, you will need to apply to the district court for divorce. The court will also decide on the division of all property and debts. Most likely, you will be offered to pay off a car loan and a mortgage equally with your spouse. The property will also belong to both of you. You may be able to negotiate other terms as well. Let's say you stay with the apartment, and you will also pay the mortgage in full. In any case, before going to court, decide how you want to divide debts and property.

Elena
In marriage, a loan was taken for household appliances. After the divorce, she remained with her husband and he uses it. But he does not pay for the loan at all, I pay everything myself. How to make your husband pay?

Answer
Apply to the court for the division of common property and debts. The court will oblige the husband to pay half of the loan.

Svetlana
My husband and I have been living together for 2 years. Yesterday I found out that he took a big loan from the bank and didn't tell me about it! Can I now draw up some kind of agreement or marriage contract so that I do not pay anything in the event of a divorce?

Answer
If the husband agrees to draw up a marriage contract, it will be possible to indicate the conditions for repaying the loan. You will then need to certify such a contract with a notary.

Tatiana
She and her husband divorced a few years ago, before that they had been married for almost 10 years. During the marriage, the husband took out a loan for a car. When we got divorced, I asked him several times whether he paid off the debt. He said yes, he paid everything. He died six months ago. And now, for four months now, they have been calling me from the bank and saying that I have to pay off the debt, because we were married. It turned out that my husband still owed about 100 thousand rubles after our divorce. Tell me should I pay?

Answer
In general, as a general rule, after a divorce, the common property of the spouses and their debts are divided in half. Therefore, if we consider from this position, then yes, you must pay half of the debt. But there is also a rule of inheritance. In this case, the debts are transferred only when you have entered into the inheritance of the deceased. In your case, you need to carefully study all the documents that you have. Only then can an accurate answer be given.

Anna
My husband and I have been living together for eight months. During this time, a daughter was born. I want to file for divorce now. My husband told me that if I file for divorce, then we will pay his loan for two million rubles in half. He took it in marriage, I didn’t even know about it. I'm not working anywhere now, I'm sitting with a child. Tell me, is it true that I will have to pay?

Answer
Yes, you will pay the debt together with your husband in equal parts. In your situation, the court may soften the conditions a little, since you have a small child and you do not work anywhere. Also, after the divorce, you can file for alimony for yourself and the child.

Anna
The husband took loans before marriage, since there were several payments, being married, they decided to take another loan and pay off his extramarital debts, this loan was issued to me. Am I obliged to pay half of the loan after the divorce, or can I go to court to prove that the loan was taken to pay off his debts? Tell me what to do?

Answer
Since the loan was taken during marriage, the spouses must pay it in equal shares. In addition, the loan was issued in your name. But you can try to challenge it in court, provide all the evidence about the reasons for the second loan. This is what a good credit lawyer should do.

Anna
She divorced her husband in 2019, in marriage there was a joint loan issued to me. After the divorce, I paid it alone, can I now recover half the cost of the loan from my ex-spouse?

Answer
It is difficult to give an unambiguous answer here, you need to study your documents. If the spouse knew about this loan and the money was spent on family needs, then there is a good chance to return half. You also need to look to see if the statute of limitations has expired. It is 3 years old. There is a Decree of the Plenum of the Supreme Court of the Russian Federation dated 05.11.1998 N 15 "On the application of legislation by the courts when considering cases of divorce." It says that the three-year limitation period for claims for the division of property that is the common joint property of spouses whose marriage is dissolved (clause 7 of article 38 of the RF IC) should not be calculated from the time of termination of the marriage (the day of state registration of the divorce in the book registration of acts of civil status upon dissolution of marriage in the registry office, and upon dissolution of marriage in court - the day the decision enters into legal force), and from the day when the person knew or should have known about the violation of his right.

Julia
During the marriage, 2 credit cards were issued in the amount of 300,000 rubles.
The cards are issued to me, but he also used them. We parted and now he refuses to pay. What should I do?

Answer
You need to go to court. There you will need to prove that you used the money from the cards together and your husband knew about them. In this case, the debts will be divided in half.

Yuri
Can a husband, after a divorce, take his son in court, since his wife does not officially work.

Answer
This decision can only be made by the court. Hire a good lawyer to represent you. Most likely, the child will be left with the mother, and the husband will be obliged to pay alimony.

Svetlana
Are the costs of an already paid mortgage loan shared after a divorce when dividing property?

Answer
In most cases, they are not divided, but it all depends on the specific situation. Sometimes they require in the statement of claim to allocate a share in the apartment. Need to study documents
that you have and based on them decide what to do next.

Olga
A loan was taken for her husband to buy a car, the car was registered to him. Will the loan be divided in half in a divorce?

Answer
Need to know if the loan was taken before marriage or during marriage? If after marriage, then it will be divided in court. But this is a general rule, perhaps the husband's lawyers will insist that he paid everything on his own. Divorce cases are very complex and there are many subtleties.

Victoria
The Apartment Was Mortgaged In Marriage, Maternity Capital Was Used. The apartment has not been built yet, we have a divorce and what to do. I won't pay rent.

Answer
The maternity capital is paid to the mother. If you paid it for a part of the apartment, then you can claim a part of the apartment, in proportion to this amount. There are many scenarios here, whether the spouse wants to rewrite the loan for himself and leave the apartment.

Andrey
If I take a loan in marriage, and in a month we divorce my wife, then I hope my wife will not have to pay it? I will pay myself. And when she comes to the bank after the divorce, will she not have this loan?

Answer
Depending on what requirements the bank will present. If the consent of the spouse is needed, then half of the debt will have to be paid to her. Especially if the money will be spent on family needs.

Oksana
2 years ago I got a credit card in my name. Now we are divorcing my husband and he refuses to pay the loan. I have a 6 month old baby and I stay at home with him. What to do? Will I pay off a credit card?

Answer
Did the husband know about the loan? Where did you spend the money from the card, do you have checks or an extract from the Internet bank, if required in court? It's one thing if you bought yourself a fur coat and didn't tell your husband anything. And quite another if the money was spent on a child.

Ivan
A divorce from his wife is coming, there are no joint children. In marriage, 2 loans of 280,000 each were taken for me (husband), they were not targeted. Is it possible to split loans after a divorce? Does it make sense now to pay off my (husband's) loans in full?

Answer
In any case, you will have to pay off the loan, otherwise the bank will impose fines. For a divorce, go to court and file demands for the division of debts and property there. And then everything will depend on
How will you prove you're right? I advise you to hire a good lawyer or try to negotiate with your wife.

Nina
I am filing for divorce and my husband is taking out a loan for a car. Will I pay off this loan if he is fired from his job and becomes insolvent?

Answer
Contact the bank where he takes a loan, write a statement that you are categorically against and do not give your consent. Also send a registered letter to them. In court, insist that you were against the loan, you do not apply for a car. In this case, the judge must order the husband to pay the entire amount.

Sergey
Before marriage, the wife had a loan. When we got married, we took another loan and repaid the remaining amount from my wife's loan and made major repairs in her apartment. Now I want to get a divorce, I left everything that was acquired in marriage to my wife. The wife says she won't pay anything. How will the loan be divided? And will the court take into account that the entire amount was spent in the interests of the wife? And all the property remained with her.

Answer
Yes, the court can take these circumstances into account when dividing debts and loans. But I can't tell you exactly what decision the court will make. Everything will depend on the requirements and evidence of both parties. I advise you to contact a divorce lawyer, he will study the documents and tell you how to act in court.

Zlata
My husband took out a loan and didn't tell me about it. I squandered the money, we have no property, we didn’t buy anything. They did not go on vacation, he did not spend this money on his family. He is ready to sign any document stating that he spent this money himself. What document should we draw up so that there are no claims against me from the bank. Does this document need to be notarized? Now he does not pay loans. I'm going to divorce him.

Answer
First contact the bank and explain the situation to them. Find out what they offer you. During the divorce, it will also be necessary to explain who took the loan and for what purposes. This is necessary so that you are not forced to pay half. If the husband fully admits that he spent the money for his own needs without your knowledge, then the court will most likely oblige him to pay the entire amount.

Olga
My husband gave me an apartment, a year later we divorced. Now he has a debt of 1,500,000 rubles to the bank. Can bailiffs claim this apartment. This is my second home.

Answer
More information is needed to give an accurate answer. Did your husband buy this apartment when your marriage was already registered? How was the donation formalized - through a donation agreement or a marriage contract? If the apartment was purchased during marriage and a regular donation agreement was drawn up, then in the event of a divorce and division of property, the court will most likely recognize the apartment as common property. In this case, even with a donation agreement, the apartment will be divided in half between the spouses. You also need to know when the loan was taken from the bank. If during marriage, then the loan debt will also be divided between the spouses. If each of you still has housing, in such a situation, the bank, through the bailiffs, can really try to repay the debt through the sale of the apartment. In this situation, you definitely need to meet with a lawyer live in order to study all your documents and decide what to do next.

Irina
My husband and I divorced and divided the property. 2 months after the division of property (there is a court decision), it turned out that the property that was transferred to me by court decision was seized by the bailiffs under the spouse’s loan agreement (the loan agreement was drawn up by the spouse during the marriage). How can my spouse and I divide credit debts so that the bailiffs remove the arrest from my property.

Answer
You need to apply to the court for the division of debts and loans, if you did not do this when dividing the property.

Anna
I already understood from the article that the loan is divided in half. I want to divorce my husband, he scares me with his debts. How many of them and in which banks they were taken, I have no idea. According to her husband 2 million. I only know that he bought real estate and registered it in his mother's name. We didn't do anything together. I can't believe I'm going to pay a million just because I was stupid enough to get married. Should I run to the bank now, too, and take out 2 million to pay off our debts after the divorce?

Answer
If you did not know about the husband's debts and they were spent entirely on his needs, then the court will most likely force the husband to pay the debt in full.

Elena
I'm going to fall for a divorce, since I haven't lived with my husband for a long time, now I find out that there are huge loans up to 3 million rubles. When we took it, we no longer lived with him. How not to get hurt? There are two minor children, he pays alimony, but we do not reach the living wage. There is an apartment bought by my husband before marriage, we now live in it, we are registered.

Answer
Write a statement to the bank stating that you did not agree to a loan, did not know about it, where the money was spent, you also do not know. Send another letter to the bank just in case. In court, insist that the husband spent all the money on his own personal needs. In this case, there is a chance that you will be exempted from paying. But you need to study your documents to give an accurate answer. The apartment will be left to the husband during the division of property, as it was acquired before marriage.

Lily
If the spouses filed for divorce, but one of them took out a loan at that moment, when there is no court decision yet. How will this debt be divided after the divorce?

Answer
It may be different, but most likely the entire debt will be obliged to pay the one who took the money. The main thing in court is to assert that the money was not spent on family needs. It is also worth saying that they did not know anything about the loan, the bank did not ask your consent. You can write a claim to the bank and leave a review.

Natalia
Please tell me, if the debt on the loan was transferred to collectors, what can they do if no one lives at the registration. And in general, how can they deal with non-payers.

Answer
By law, they must go to court and then to bailiffs. If illegal methods are used against you, you should contact the police, the prosecutor's office and the court.

Natalia
I want to divorce my husband, he has a bank loan, which he took without my knowledge and also spent without my knowledge, for what - is unknown? Can I, as a result, after a divorce, be involved in the payment? We have a minor child who will stay with me.

Answer
Hire a property dispute lawyer, he will study the documents and decide what to do next. In court, also say that you did not know anything about this money. If the husband wants to oblige you to pay half of the debt, he must provide evidence that he spent the money on the family. For example, an agreement with a company for the repair of an apartment or a certificate for the treatment of a child. If he does not have such evidence, then there is a high probability that the entire debt will be left on him.

Inna
Two years have passed since the divorce from my husband, he is now suing me for the division of the total debt, what should I do?

Answer
Submit counterclaims in writing. Argument your position in court, say,
that they did not know anything about loans.

Elena
In marriage, a loan was taken out, they issued it to my ex-husband, they bought a land plot with this money, they issued it to me. We decided that the land was his and the loan too. And I get some compensation. I do not participate in the payment of the loan, I have been divorced for 8 months.
1. In this situation, is it better for us to draw up a settlement agreement? If yes, then how to write about the debt in it correctly so that the bank does not collect anything from me (there are fears that the ex-husband will not be able to pay the loan).
2. How to correctly calculate the amount of compensation that I will have to pay for my share of the plot.

Answer
If you claim land, then the debt for it must also be paid. But in the settlement agreement you can decide for yourself who and what will pay. It is better, of course, to go to court and conclude an agreement there so that it has legal force. You can contact our lawyers, they will analyze the documents and suggest options for solving your problem.

Oksana
Before marriage, a loan was taken for my passport together with my future husband, the money was spent on general needs, now we are going to get a divorce and my husband refuses to pay the loan in half, what should I do?

Answer
It is difficult to do something, since there was a loan in your name. He was taken, as you write, before marriage, so the husband has nothing to do with him from the point of view of the law. You will have to pay for everything yourself.

Tatiana
The bank refuses to share the loan, citing the fact that it was taken under the Young Family program to buy a house. We are divorced from my husband. Under a settlement agreement in court, the husband agreed to pay in half, but in fact he does not pay, I pay alone. What to do?

Answer
We need to study your decision. To whom the house remained in the end, the property was divided in half or not. After the trial, did you apply to the bank with a decision and a writ of execution? Did you contact the bailiffs?
They must withhold part of the husband's salary to pay off the debt.

Hope
My husband's parents took out a loan for him, which I didn't even know about. I found out when the guarantor's wife called me after they stopped paying him. Please let me know how this will affect me. If I ever enter into the inheritance of my parents, can the bank claim this inheritance? How to insure yourself, maybe you should get a divorce?

Answer
In the event of a lawsuit, indicate that you did not know anything about the loan and that it was not spent on family needs. Explain that the bank did not notify you or ask for your consent. The inheritance is not common property, so the husband will not be able to claim it.

A resident of the capital, Anton (name changed), came up with an interesting scheme for how to live happily ever after. He collects loans from various companies and banks and ... does not pay them. He has no property - he transferred everything to relatives a long time ago, the income is minimal, and in fact there is nothing to take from him. Letters from the courts come in batches, he is well known to bailiffs, but no one can do anything with him. Whether such actions can really go unpunished or the law still allows creditors to get their money back, MK-Estonia asks.

Anton, of course, is not the only one so cunning and smart. Almost everyone has a friend who gave a loan and then suffered to get his money back. Some have not yet received.

“Initially, I didn’t even think that the case would take on such a scale,” Anton confesses. – When I took out the first loan, I was honestly going to pay it back. But then I realized that I couldn't handle it. And then they told me: transfer the property to other people and take out the minimum wage, the rest is in an envelope. It worked. Then I took another loan - already in another company. And then more and more. But if I could return everything back, then I would first transfer the property to relatives, and then I would take loans. And so, if there is a competent bailiff, you can undermine.

So far, he adds, no one has succeeded. He tells all creditors that he does not refuse to repay the debts, but, sorry, there is no money now. At the same time, he drives a car that is not registered to him, and lives clover in a well-furnished apartment, which is also not recorded to him. He eats well, dresses decently and smiles a lot.

There is another loophole

Is it really possible to do this, and nothing will happen for it?

“In a situation where a person without property and with a minimum income is gaining all kinds of loans, the company issuing the loan must thoroughly check his credit history and ability to repay the loans received,” says Evgeny Tverdokhlebov, a sworn lawyer from Advokaadibüroo Vindex. “Such verification is carried out by comparing data from different sources, including the register of debtors.”

Also, the sworn advocate emphasizes, a credit institution must first explain to the client all the possible risks before issuing money.

“For example, there are periods in the economy when people massively lose their jobs, real estate prices fall, and after the sale of mortgages, the proceeds may not be enough to repay the loan. It is worth making sure and documenting that the client understands this when he is going to conclude an agreement,” Evgeny Tverdokhlebov lists.

At the same time, the company that issued the loan will have to prove the fact of explaining the risks, so it must take care of this. If this was not done, then the client can later say in court that the creditor did not warn him, and he himself does not have such knowledge.

“The State Court has repeatedly ruled that in some cases it is possible to get rid of the need to repay a loan if the said obligations were not fulfilled when issuing it, and because of this, the loan was taken or given by mistake, that is, without taking into account all relevant circumstances,” – emphasizes the sworn advocate.

And in such cases, according to him, if the creditor fails to prove that he checked the client's solvency and warned him about the risks before concluding the contract, the debtor can file a claim for damages and offset the creditor's claim with his claim. And then the court can release the debtor from the obligation to repay the loan (in the amount of damage).

“Although the State Court has pointed out this possibility more than once, lower courts still usually decide otherwise, collecting the amounts received by the debtor,” adds Yevgeny Tverdokhlebov.

That is, it turns out that Anton could have acted differently: to cling to the fact that in the companies where he took loans, such things were not explained to him. And he assures that they did not explain. And through the court to seek to have his loans generally written off in this case. But this only works if there was no initial malicious intent to steal property from creditors.

Customers and families should be careful!

“Firms issuing loans must check their customers, sometimes several times,” adds Yevgeny Tverdokhlebov. - It may be that when a person entered into an agreement, he still had property and income. And then the situation changed, income decreased. To prevent this from happening, it is important for lenders to regularly update their data and pay attention to such changes.”

What if the debtor rewrote everything to relatives, and the goal itself is like a falcon?

“If the property is registered in the name of relatives, then it is assumed that the relative knew about the person’s debts, even if in fact he was not aware,” explains the sworn advocate. “And in this case, the deal can be canceled.”

It happens that the debtor rewrites his apartment, for example, to his mother, and the car to his sister. Those, in turn, quickly sell this property. Can these deals be cancelled?

“You can,” says the attorney at law. - If the assertion that they knew that the deal was detrimental to creditors is not refuted, and at the same time they sold the property anyway, then the damage inflicted in the amount of the market value of the apartment and car can be claimed from them. Since there is a presumption that they knew that such a transaction worsens the position of the creditor. And it turns out that there was one debtor, and there will be two or three.

As for the new buyers of the apartment and the car, to whom their mother and sister sold them, then, according to Evgeny Tverdokhlebov, there are nuances.

“If the property was bought at a price below the market price, then both the creditors and the manager may also assume that the buyer should also have known about the worsening position of the creditors. In this case, there is a risk that a lawsuit will be filed against the buyer to cancel the transaction, and he will be involved in various disputes,” says the attorney at law about the consequences.

That is, imagine: you buy an apartment, take, say, a loan from a bank. Then it turns out that the apartment was sold to you by relatives of a person who has problems with debts. As part of bankruptcy proceedings, a lawsuit is filed against you to take the apartment. If the court decides that the transaction is strange and there is reason to believe that you knew about the deterioration in the position of creditors, then the purchased apartment is taken away from you, and the transaction is canceled.

You become a regular lender like everyone else, and all you have to do is hope for the best and wait for them to suddenly have money. And it's good if they have money - and if there is nothing to take from them either? As a result, any real estate buyer has a risk of being left homeless, and at the same time he will have to pay the bank every month for an apartment that he does not have through no fault of his own.

“And sometimes the activity of saving property can also have criminal consequences,” emphasizes the sworn advocate. - Therefore, in various schemes, which at first glance may seem very profitable, you can participate only if there is a clear idea of ​​the consequences and confidence that everything is done legally. If we are talking about expensive transactions, then it will be beneficial to resort to the help of a specialist who will tell you about the pitfalls and consequences.

Bankruptcy: pitfalls

Anton says that he has another option - if they press hard, he can simply declare himself bankrupt. However, this option is not as simple as it seems.

“Firstly, within the framework of bankruptcy proceedings, the bankruptcy manager has the right to recover the debtor's property through the court,” says lawyer Danil Lipatov from Progressor Õigusbüroo. “Depending on the circumstances, the court may invalidate a transaction aimed at the removal of the debtor’s property and concluded 5 years ago.”

Thus, if the bankruptcy manager proves that Anton had initially malicious intent, and he began to rewrite the property to third parties when it already smelled of fried, then the transactions may be canceled.

At the same time, it is more profitable for Anton to declare himself bankrupt than for creditors to initiate the same proceedings.

“The state duty when filing a bankruptcy petition for a creditor is 300 euros, for a debtor 10 euros,” the lawyer emphasizes.

From what amount can we talk about the beginning of bankruptcy proceedings? Can a person be declared bankrupt, for example, because of 200 euros?

“If we are talking about private individuals, then the prerequisite for initiating bankruptcy proceedings is the creditor's claim in the amount of at least 1,000 euros. But a bankruptcy petition can also be filed at a lower demand, in the event that unsuccessful enforcement proceedings were conducted on this demand during the year, ”explains Danil Lipatov.

It is believed that this is an easy and convenient way to get out of debt. Is it so? What are the pitfalls?

“Bankruptcy proceedings are not the simplest legal procedure, which has a number of mechanisms that protect both the interests of the debtor and creditors,

emphasizes the lawyer. – 5 years after the initiation of bankruptcy proceedings, the court, at the request of the debtor, may release him from the performance of the remaining obligations and terminate the proceedings. With the diligent performance of its obligations by the debtor, this can be done even 3 years after the initiation of bankruptcy proceedings.

As for the statute of limitations, somewhere 3 years are indicated, somewhere - 10 years. What is the correct number?

“Three years is the statute of limitations for collecting debts, if the creditor has not filed a lawsuit. If there is already a court decision, then it can be executed within 10 years,” the lawyer explains.

Debt from nowhere: you can get on the list of debtors without even having debts

Estonia has an official debt register. All debtors, both individuals and firms, are included there. However, as practice shows, even those who have never had debts can get into it. And in the end, it turns out to be quite difficult to prove innocence and clear your debt history.

The editor received a letter from Anastasia. A month ago, she decided to borrow a new mobile phone and went to the Elisa representative office for this. But there the girl was taken aback by the fact that they could not issue an installment plan for her, since she is listed as a debtor in Krediidiinfo. Anastasia was very surprised, because she has no debts and never had.

Prove you shouldn't

“When I got home, I went online to my debt history at Krediidiinfo, and in fact, I had a debt to the collection company Creditreform since 2013. That is, for three whole years I did not know that I had a debt, - says Anastasia. – Creditreform explained that I owe Oriflame. And then I remembered that I actually ordered products from them with delivery through a postal machine. But it so happened that she could not pick up the parcel, and she had to return back to Oriflame.

The girl explained the situation to the collection company and asked how it happened that for three years she did not know about her debt. Creditreform told her that they sent letters to some address, which turned out to be completely unknown to Anastasia. She gave her e-mail address and received a document showing a debt of 12.84 euros and a penalty of 33.51 euros, for a total of 46.35 euros.

After that, Anastasia again wrote to the collection company a statement that she owed nothing to anyone. Three weeks later, a response came from Creditreform that did not really explain anything. They referred to a document from Oriflame and asked to liquidate the debt.

“Oriflame sent them a document with only my name, surname and address, as well as a debt for one product, although I ordered two from them separately on the same day. That is, I had to receive two parcels in two Smart Post cells on the same day. This surprised me, where did the second package go if I didn’t pick it up too? Anastasia is surprised. “In addition, this so-called document has signature lines and document numbers, which, of course, were empty, since I made an order on the Internet, there were no contracts.”

Promised three years waiting

The girl again turned to Creditreform, tried to explain that the parcel was returned to the sender, that she could not receive it, to which she was then told to pay for the contract and draw up a payment schedule.

“They couldn’t or didn’t want to listen. They just wanted to pay. For what - they themselves do not know and cannot explain. I said that anyone can make such an agreement, and now what, pay everyone? - the involuntary debtor is indignant. - In the end, I myself called Oriflame, explained the situation. They answered that there were two parcels, I took one, the second was not. I was very surprised. In Smart Post, before opening a cell, you need to make a payment through a bank terminal. And they tell me that I took it without paying.”

As a result, the Oriflame accountant made a request to Smart Post, made sure that an error had occurred, and promised to settle all matters with the collection company. A day later, Anastasia discovered that her debt was closed, but the brand of the debtor would hang on her for another three years, that is how long the debt history is stored in the register. And during this time, the girl will not be able to take loans and arrange installments for herself.

“First, I called Krediidiinfo and explained the situation to them. They said that Creditreform should contact them and provide all the information. Or that I write a statement. It turns out that I again have to do work for the collection company! Anastasia is perplexed. - I again began to call Creditreform, my patience was already at the limit. In response, I heard only that it was not their mistake, and the history of the debt itself would be cleared in three years. When they already pissed me off, I said that I would go to court and write to newspapers and the Internet. Five minutes later they called me back and in a friendly voice said that by the evening everything would be fixed. There was no more talk about the fact that it was impossible. It turns out that it is very easy to make a person a debtor by mistake, but they are reluctant to correct this, and they do not consider it necessary to apologize. It’s easier for them if I just pay 46 euros!”

different situations

Unfortunately, Anastasia did not indicate her last name, and it was not possible to contact her to clarify the personal data of MK-Estonia, despite repeated attempts. Therefore, Creditreform was unable to comment on this particular case.

“Since we don't know who contacted you, we can only speak in general about how part of our work is going. Creditreform daily deals with debt collection, where debtors are both individuals and legal entities. Since there are many people who are in debt, it is absolutely normal that different situations arise,” says Bernela Ader, head of the debt collection department at Creditreform Eesti OÜ.

Part of the day-to-day workflow, according to Ader, is identifying the debtor and reporting the debt situation in order to find a solution. Notifications use the usual methods, including email and SMS messages.

“In the case when they do not respond to our repeated notifications, a decision is made on the advisability of continuing the process, based on the specific case. In general, I can say that we always act in accordance with ethics and comply with applicable laws. We consider it important to listen, understand and act according to the situation,” summed up Bernela Ader.

Maire Iro, Public Relations Adviser of the Personal Data Protection Inspectorate, explains that if a person discovers that their data has been entered into the register of debts by mistake, they can apply to AS Krediidiinfo in order to remove them from the register. Claims resolution procedures can be found on their website. If in this way it is impossible to come to some kind of mutual solution, you can go to court to protect your rights.

The legislation does not establish that when obtaining a loan by one of the spouses, it is necessary to strictly obtain consent from the other. In civil law, only the presumption is fixed that the actions of a spouse are always considered committed with the consent of the second spouse.

However, in the case of making loan without the consent of the wife or husband for their own needs and, then, they must answer for their payment on their own.

Spouse's consent to a loan

In Art. 33 of the Family Code of the Russian Federation stipulates that all property acquired during marriage (except for property received by inheritance or as a gift) is recognized as the common property of the spouses, that is, they are subject to the joint property regime. However, spouses may conclude a marriage contract between themselves and establish a different procedure for the possession and disposal of property. Also, the RF IC (Article 35) establishes the rule that spouses must use common property by mutual agreement.

In addition, Art. 253 of the Civil Code of the Russian Federation, it is regulated that spouses must manage property jointly. However, it is not mandatory to obtain written consent from the husband or wife.

Therefore, when obtaining a loan, obtaining written consent from the second spouse is not a prerequisite. True, when applying for mortgage loans, banks, as a rule, require that the second spouse act as a co-borrower in the contract. There is no such practice for other types of credit.

The question of the fact of obtaining consent from a husband or wife usually arises only when it is necessary to establish whether this debt is common or is a personal debt of one of the spouses. Usually this is because debts, if any, are also subject to division. If the spouses have common debts, they are distributed on the basis of Part 3 of Art. 39 of the RF IC - in proportion to the shares awarded to the spouses.

Important: the division of spouses' debts can be carried out not only in the event of a divorce, but even during the period of marriage. The requirement for the division of common property can be made not only by spouses, but also by creditors, if, for example, the property of the debtor spouse is not enough to repay the loan. In this case, the penalty may be applied to the spouse's share in the joint property of the husband and wife.

Neither civil nor family law specifies the concept of the total debt of the spouses, the courts determine whether the loan debt is general, in each individual case. In this case, the following signs are important for the court:

• Both spouses are creditors. For example, under a loan agreement, both the wife and the husband are co-borrowers, or one of them is indicated as a guarantor for the loan obligation. Then they both bear the obligation to repay the loan.
• Whether the written consent of the second spouse to receive a loan has been obtained.
• The debt is issued to one of the spouses, the written consent of the second of them is missing, but the money received on credit was used for the needs of the family. True, this fact is difficult to prove in some cases, so the courts, when deciding this issue, proceed from the intended purpose of the loan.

That is, obtaining consent from the second spouse does not always play an important role in recognizing the debt as common, if the money received under the loan agreement, for example, was spent on repairing a joint apartment, then such debt is considered common, since it is spent in the interests of the family.

However, in order for the spouse to whom the debt is registered to achieve recognition of the debt as common, he must provide evidence that the money really went for general family needs (acquisition of real estate, repairs, recreation, etc.).

Such evidence may be:

• Checks.
• Various contracts.
• Acceptance certificates.
• Witness testimony.
• account statements.

If the second spouse declares that he did not know that the husband or wife took out a loan and the plaintiff cannot provide evidence of this fact, the court may refuse to recognize this debt as common and the spouse who took the loan will be responsible for its payment independently.

Bank involvement in court

When considering a case on the division of spouses' debts, the court must involve a banking institution in the case. Very often, such a separation is not beneficial for banks, because the more debtors there are under a loan agreement, the greater the likelihood that it may not be returned. Therefore, many banks refuse to divide the loan between spouses, even if the loan was taken with the consent of the second spouse. However, the final decision on the division of debt is made only by the court.

But most often, as practice shows, the division of general debts is carried out according to the following scheme: the loan is repaid by the spouse for whom it was issued, and the second spouse undertakes to pay him compensation for part of the loan.

Even if the spouse repaid the joint loan on his own, he has the right to go to court after that to demand monetary compensation for part of the repaid loan from the second spouse.

At the same time, not all debts that spouses take on during marriage are automatically considered their joint debt. If one of the spouses took a loan for their personal needs, this money was not spent on the family and the second spouse did not agree to this, then the second spouse should not be responsible for such a loan.

Let's say the wife took out a loan during her marriage to travel to Paris. She traveled on her own without her husband. In this case, although the loan was taken during the marriage, these funds were used exclusively for the personal needs of the wife, so this loan cannot be classified as the spouse's general debts.

Only the debtor spouse is responsible for personal debts. If his own property is not enough to pay off the debt, the creditor may require the allocation of the husband / wife's share in joint property to cover the debt. However, the share of the second spouse cannot be withdrawn in order to cover the loan amount.

Spouse guarantor

If one of the spouses is the guarantor of the loan of the second spouse, then his situation is aggravated, because if the debtor is unable to repay the debt, then the obligation to pay it falls on the guarantor.

However, the guarantor has every right not to repay this amount until a court decision is received. Without a court decision, bank representatives do not have the right to force the second spouse-guarantor to repay the husband's/wife's loan.

If the guarantor has received a demand from the bank to repay the loan, then he, at his own request, can repay this debt without a court decision. After repayment of the loan, the spouse of the guarantor has the right to file a lawsuit with a request to recover the debt from the debtor spouse.

If the loan was secured by collateral, then the guarantor may demand through the court to foreclose on the collateral, with the exception of the only housing that was taken on mortgage.

Partition of debts after divorce

It also happens that citizens divorced, but the debts were not divided during the division of property. For example, the husband took loan without wife's consent during the marriage to open a business, but he stopped paying the loan and bank employees are now calling his wife and demanding repayment of the loan from her.

In such a situation, the wife needs:

• Contact the bailiff service that the loan was issued to the spouse without her consent, it is also necessary to provide the name of the bank where the loan was taken, if such information is known.
• Despite the fact that each of the spouses must be responsible for their personal loans, the former spouses, for example, may have a joint apartment. To prevent the bailiffs from describing your personal property, it is better to prepare guarantee cards, checks, contracts, etc., which confirm the ownership, so you will avoid the possibility of seizing your belongings.
• If the spouse took out a loan in the amount of several million, then it is better to sell common housing in advance and purchase a separate one, otherwise they can foreclose on the spouse's share in a joint house, apartment, cottage.

Judicial practice shows that foreclosure on the share of a husband or wife in joint housing does not happen often.

This is possible only when it comes to a multi-million dollar loan. If this is your only housing, then the court cannot turn it into a debt only if the housing is not. In all other cases, it is possible to allocate a share in the joint property of the debtor spouse.

Does the husband have to pay for his wife's loans during the divorce process? The above recommendations also apply to a family where, in fact, the marriage relationship has broken up, but the divorce has not been officially formalized or the divorce process is ongoing. The person who issued the obligation and participated in it as a borrower / co-borrower must repay the loan. The guarantor does not have to pay the loan until such time as there is no court decision about this. See also what to do if collectors threaten.

What to do if the husband took a loan without your knowledge

It is clear that if the wife finds out about the existing loan during marriage, then this situation is unpleasant, the scandal is guaranteed. But you can quarrel as much as you like, but the debt is red in payment.

Loan without the consent of the wife or husband

It also happens that citizens divorced, but the debts were not divided during the division of property. For example, a husband took a loan without his wife's consent during marriage to open a business, but he stopped paying the loan and bank employees now call his wife and demand repayment of the loan from her.

Husband took 15 loans without my knowledge

Since you have harnessed yourself to go through life with this person, and are ready to do it further, you will have to rake it all together, quite naturally.

The husband took a loan without the consent of his wife and does not pay: what to do

Husband took out a loan that is not paying. Am I responsible?

My question is the following: should I be responsible for loans taken by my husband without my knowledge and how can my daughter and I protect ourselves in this situation? I'm afraid that the situation is very serious, I don't know the extent and amounts, so I really hope for your advice and help. Thank you in advance!

Husband took loans without his wife's knowledge

On July 6 last year, I found out that my husband had 5 loans. in different banks, do not ask how, I just found out. I had my own loans, I calmly pay for a car and a consumer loan for home repairs. Before that, there were other loans that I successfully closed. So. My mother-in-law reproached endlessly that I took a good car for myself and Misha drives a broken four, and he WORKS so much! I thought, I’ll give him a birthday present, give him a car. I contributed 50% of the rest on credit, it seems that it does not burden anything, I earn quite well. And then the most interesting thing. On July 2, I give him a car, and on the 6th I find out about loans. I am terrified. But somehow you have to live. We have three children, plus a foster child. They got married three years ago. I think this is my cross. I go to the bank, take the next loan, pay off part of his loans, and a month later I find another card on which the payment is 8,000 rubles. And I already pay almost 100 thousand rubles a month. I shouted, but there was nothing to do. It is clear that we only buy cheese and sausage for children, cosmetologists are at a loss, I have been going to them for years, etc. And after the new year I find out: my hubby owes people almost 600 thousand, and he has 6 more loans. And I had to take another loan in order to pay off people. In total, my payment per month amounted to 86 thousand rubles. and plus it is almost 60 thousand. Naturally, I stopped paying his loans. And the most interesting, those cards that I paid off the very first time, his cards, he pulled out of my bag and cashed out. By the way: the four on which he rode was broken by him repeatedly, and the car that I gave him also already 4 times teased. Works now type in a taxi. brings from 3 to 5 thousand a week. But the banks are starting to call oh how! Naturally, a lot of things were sold from the house, from a mink coat to a kitchen. And his grandmother, 91 years old, God's dandelion, has been living with us all this time. All friends say, drive him in the neck, get a divorce. I am not here, I am out. I recently saw a terrible accident, and you know what I thought, it would be better if I appeared there.

Is a wife liable for her husband's loan?

According to paragraph 2 of Art. 39 of the Family Code of the Russian Federation, this can happen when one of the spouses was not employed for unjustified reasons or spent family money to the detriment of the interests of the family, shares in the common property of the spouses during a divorce can be recalculated in a different proportion in favor of the second spouse. This also applies to shares of loans. If the loan was issued before marriage, only the spouse to whom it was issued is responsible for it.

A betrayed trust

And before you tactfully start asking questions, try to find out for yourself what the money could have been spent on. Study your credit history - you can learn a lot about it. And only then start talking.

My husband took a loan without my knowledge and does not pay! Need advice

I didn’t know about these loans and the banks didn’t call me and didn’t ask for my consent.

The current question is whether the wife is responsible for her husband's loans

By inscribing the spouse as a guarantor, banks insure themselves against problems, as they will be able to demand repayment of the debt from the wife, who acted as a guarantor and put her signature in the loan agreement for her husband.

Husband takes a loan without the knowledge of his wife

1. Possession, use and disposal of the common property of the spouses shall be carried out by mutual consent of the spouses.