At the moment when a family hearth collapses, do not think too much about who and how will pay for debt obligations. But with the approach of the date of the next payment, everything is sharper than the issue of the property during divorce. Credits, common property, even children become often the cause of the hot bastards of former spouses. If you cannot agree to the parties to the parties, then you have to study all the underwater stones of the unpleasant procedure of the property. Many people absolutely do not think about the fact that, when divorced, the division is subject to not only accurate property, but also common debts. We will try to get better in this topic.
Common debts - what is it?
To understand how the loan is divided when divorced, let's figure out which financial liabilities can be recognized by common.
First of all, all loans for which one of the spouses will be attributed to them, and the second acts as a guarantor or coacher. The same applies to loan agreements with individuals.
Also, the general may be recognized as a loan, which was made only one of the spouses, if it was proven that the funds were spent on the needs of the whole family. For example, when a husband or wife takes a loan for an apartment, a car, repair, new household appliances, vacation, etc.
Family needs
This concept characterizes the material and spiritual needs that can be satisfied on a paid basis. Therefore, thinking about how the loan is divided when divorced, at the same time, think about how to prove that he was spent on the family. In principle, it is not so difficult to confirm this, especially in cases where the loan was targeted, for example, for repair or leave. You can also resort to the testimony of witnesses that can confirm that it was after taking a loan in the house something such that, under normal circumstances, your family could not afford.
Most often, the court of default believes that all the money taken into debt was spent on family needs. That is why it is necessary to prove just the opposite, which is much more complicated. If you manage to convince the court that one of the spouses acquired something expensive in personal property, and the second did not know about it, then the loan can be recognized by his personal debt.
We estimate the common property
Based on judicial practice, it can be argued that in the general case, all debts are divided into the same proportion as shared property. Therefore, in order to understand how a loan is divided when divorced, you also need to know what is a common property, and what is not. 
So, joint property is recognized:
- funds obtained as a result of work activities (salary);
- funds obtained as a result of entrepreneurial activities;
- pairs, securities, deposits, share participation;
- funds received from intellectual activity (Commission royalty, funds from paintings, books, movies, movies, etc.);
- manuals, pensions, other social payments, except allowance for the loss of working capacity or other payments that have a target purpose;
- property obtained in ownership as a result of the addition of total capital;
- any property that was acquired by spouses during the marriage, regardless of whose name it was registered.
The right to jointly accompany property has each of the spouses, regardless of whether he had its own income during the period of marriage.
What property should not be common
Probably one of the most unpleasant moments when the relationship of the property is the division of property. When divorced, loans do not want to pay anyone, but most likely they will also have to divide them. 
But something else to share still does not have to:
- you will have a property belonging to you before marriage;
- all you have been presented or inherited by you by law;
- rights to the results of intellectual labor;
- personal things, clothing, shoes (except luxury objects).
Oddly enough, the fact that decorations and jewelry were acquired on whose funds. All of them are owned by the spouse who used them all the time. Also do not share things that were purchased for a child under 18 years of age. They will have to dispose of the spouses with whom the minor will remain.
The joint property section usually occurs in accordance with the convention of spouses, and only when they have unresolved disputes, judicial authorities are entering into business. After all, in the period of a happy marital life, one rarely wonders about whether loans are divided by divorce.
We divide the loan is honest
Just like the property, the loan can also be divided into two ways: "fraternal" and through court. The voluntary section can be confirmed by documenting an agreement or a marriage contract. And in that, and in another document, the rights and obligations of the parties as a result of the divorce are prescribed. But there are minor differences: the agreement can be signed before marriage, in the process of joint residence or after a divorce, and it does not require notarial confirmation. The marriage contract must necessarily assure from the notary, to conclude it after the divorce you can no longer.
One option when the loan section after a divorce is not required is the situation when the funds were spent exclusively for the needs of who took it. The same concerns the situation when the loan was taken secret from the second spouse. True, in fact, and in another case you will have to prove it, but it is sometimes difficult to do it even for a fairly experienced lawyer.
In the event that the loan was issued by one of the spouses before marriage, he will repay him independently, however, if the future spouse performed as a guarantor, both should pay.
Opinion of the Bank
Obviously, the question of how the loan is divided after divorce, banks are worried about the least. If the loan was brought by a husband and wife during a joint stay, he is general and subject to pay both spouses, especially when one of them is a coacher or guarantor. And neither the court nor borrowers can force the bank to divide the loan in half - they will have to negotiate. 
Theoretically, there is the opportunity to rewrite a contract for only one of the spouses, but for this certainly the consent of the other, as well as the financial institution itself. And the banks themselves are reluctant, because the property of each borrower is separately less common. So, how the loan will be divided during divorce, it depends not only on your decision, but also from the position of the bank.
Who will get a mortgage?
Responding to a question about whether loans are divided by divorce, it is impossible not to remember the most important and expensive look - mortgage. Since the property acquired in the mortgage remains pledging from the bank, then without the consent of the latter, any legal actions are not possible. Therefore, the first thing to be done is to inform the Bank's employees about the upcoming divorce and obtain the consent of the financial institution on the division of mortgage debt (if the divorce does not occur in court). If the bank responded agree, the loan amount shares between spouses in certain shares, and each of them is paying only its part.
Of course, the easiest way, if the husband and wife have a marriage contract, where all the development of family relations are prescribed. But what to do, if there is no contract? From this situation there are 2 outputs:
- First - Sell property, however, this can be done only with the permission of the bank. The money reversed from the sale goes to pay the loan, and the residue is divided between the former spouses.
- Second - Refinancing. This means that a new contract is drawn up for one of the spouses, and the second is loss of the right to such property, even if it was a coacher before that.
It should also be remembered: if the mortgage was taken one of the spouses before marriage, and the payments were made during the period of living together, the second spouse is entitled to demand a share in the apartment or monetary compensation of a part of the loan payments.
And car?
Well, with mortgages figured out. And how is the car, taken on credit when divorced? Oddly enough, but in this case it is still more difficult. By law, the car is indivisible property, that is, to divide it on the share and part does not seem possible. Therefore, the optimal exit from the situation is the agreement of the spouses. The most frequent is the option when the car leaves one of the spouses, and the second receives monetary compensation or other property. Accordingly, it continues to pay the balance on the loan, the property goes to whose property.
If it fails to agree, as well as in cases where the car is a deposit on the loan, the case will obey in court, and the bank will play a leading role again. There are often cases when financial institutions appealed the decisions of the Court and forced to pay the balance of the loan of the spouses to whom it was originally issued.
And we do not live together
In conclusion, it is impossible not to discuss how the loan shares is divided if the spouses have already actually broke the family relationships. After all, sometimes it happens that officially marriage is terminated after a considerable time after the husband and wife, for example, have left and stopped conducting the overall economy. Part 4 of Article 38 of the Family Code states that if the spouses did not lead the overall farming, and one of them took a loan during this period, then he will repay him himself. True, the actual rupture of family relations will have to prove in court, but, having reliable witnesses, do it is not so difficult.