Behind last years There has been an increase in mortgage lending. For many families, this is practically the only option for purchasing their own residential property. However, the presence large number Divorce proceedings lead to the need to divide the mortgage upon divorce. Moreover, the spouses will have to divide the real estate, and remaining obligations to the bank.

This is the most common situation in which a husband and wife have equal rights to real estate. At the same time, they also bear joint and several liability for the mortgage taken out. That is, mortgaged real estate, when purchased during marriage, is in any case considered jointly acquired property. Consequently, each spouse has the right to claim half of the property and must assume 50% of the loan obligation.

In practice, managing and dividing housing is far from easy, because it is pledged to the bank. Therefore, all actions with the mortgaged object must be coordinated with the credit institution

Division of mortgage in case of divorce in the absence of a dispute, as well as complicating circumstances (presence of children, the only housing etc.) is possible in the following ways:

1. The ownership of an apartment or house is registered in the name of one of the spouses, the loan agreement does not change. And among themselves they sign an agreement on the division of real estate and debt in a 50/50 ratio. Then the ex-husband and wife continue to pay the loan in half. When the loan is paid off, they either sell the property and divide the money or register the right to ½ share for each.
2. One of the former spouses refuses his share. When he has other housing, this option is quite acceptable. He carries out the refusal free of charge or for monetary compensation. The bank re-registers the mortgage and housing entirely in the name of the other spouse and removes the co-borrower from mortgage agreement. However, the credit institution will do this only if the remaining borrower is sufficiently solvent.
3. By agreement of the husband and wife, the entire debt is paid to the bank, that is, the loan is repaid ahead of schedule. Next, the apartment or house is sold, and the funds are divided equally (but possibly in a different order). This division option is optimal when the spouses have money to close the mortgage or the debt balance is small.
4. The apartment or house is sold, and the money from the sale goes to close the debt obligation and the remaining is divided between the spouses. Of course, such an operation is possible only with the approval of the bank. He may not cooperate and oblige the spouses to repay the loan.

More a difficult situation arises when there is a dispute when one of the spouses claims a larger share than ½. He can justify this:

• Investing personal funds in an initial fee on a mortgage.
• Early payments from the money he had before marriage.
• Contribution of a significant amount by relatives of the spouse and in a number of other cases.

Then the mortgage during divorce is divided as follows:

1. By a settlement agreement or through the court, a higher share of one of the spouses is established and the entire mortgage is re-registered to him, the remaining debt also goes to him. But he pays the second spouse half of what he contributed. Money during the period of cohabitation.
2. With the consent of the bank, the loan is divided into two new loans, each spouse receives their own loan agreement. Real estate also goes to everyone in the amount determined by the court. Not every the bank will go on this, because its risks increase and if there is a delay, then instead of one loan there will be two.

What to do with a mortgage during a divorce if it was taken out before marriage?

When dividing a mortgage in such a situation, it is important for ex-spouses to understand two main points:

1. Property acquired before marriage is the property of the person who acquired it. Accordingly, the obligations that remain after divorce ( mortgage) are also retained by the owner of the property.
2. Since the cost of mortgage housing is paid gradually over many years, it is logical that part of the money could be paid from the general family budget during the marriage. Consequently, the second spouse can reasonably demand from the first half of the funds contributed to repay the loan (unless the first spouse proves that absolutely all payments are his personal funds).

Expert opinion

Alexander Nikolaevich Grigoriev

Mortgage expert with 10 years of experience. He is the head of the mortgage department at large bank, has more than 500 successfully approved mortgage loans.

The courts take both of these points into account, although they are somewhat contradictory. The cornerstone in dividing such a mortgage is precisely in determining what part of the payments was made from common money, and which ones are only personal. That is, mortgaged real estate, to some extent, can be recognized as jointly acquired property.

A mortgage in the event of a divorce of spouses in the event that one of them purchased housing before marriage is divided in the following ways:

1. The property remains with the spouse who acquired it. By a court decision or a settlement agreement, the amount of money that is due to the second spouse is determined. Accordingly, this money is paid to him by the owner of the property under the mortgage.
2. The property is divided into shares in proportion to payments made from common family funds and the personal investments of each spouse. However, this option is only possible with the consent of the bank and if the apartment is not a one-room apartment, since physically unallocated shares cannot be pledged.
3. There are possible division options similar to those that occur when dividing a mortgage taken out during marriage. But you need to prove that all payments (or most of them) were made jointly. Then the court recognizes the property as common property with all the ensuing consequences. This situation most often arises when a mortgage is taken out by one of the spouses shortly before the marriage is registered.

If there are children

The presence of minor children, including those registered in mortgaged housing, does not affect the division of the remaining debt. But when dividing up the real estate itself, the court always takes this fact into account.

The main nuances of how a mortgage is divided in the event of a divorce between spouses and children:

1. The spouse with whom the child will live may be allocated a larger share, but at the same time he will have a larger mortgage debt.
2. If a child has an ownership interest in real estate, it is added to the share of the parent with whom he remains.
3. When a child is registered in an apartment or house, but only the husband is the owner, then his wife has the right to receive a share in this property if she leaves the minor with her and she has no other housing.
4. When selling a mortgaged home and there is a registered child in it, he must be registered.
5. If the child remains with the mother and it is difficult for her to pay the mortgage (being on maternity leave, disability), then the amount monthly payment for her may be reduced, and the remaining part will be temporarily assigned to the father of the child by court decision.

It is worth mentioning that the presence of children and their registration does not affect the procedure for collecting mortgage collateral when there is an overdue loan debt.

If maternity capital was contributed to the mortgage

For families who own maternity capital, the issue of dividing the mortgage is more than relevant. After all, money from the state is involved in buying a home.

The nuances of the division will be as follows:

1. The child’s share, which was allocated from maternal capital, is added to the living space of the spouse with whom he remains. In this case, the mortgage obligation is most often divided equally if there are no other significant factors.
2. After a divorce, the ex-wife can pay off all of her debt (or part of it) to the bank through maternity capital. However, to dispose of property before full repayment She won't be able to get a loan.
3. When at the time of the divorce the child’s share has not yet been allocated, the court imposes an obligation on the parents to do this after paying off the entire mortgage.
4. Sell ​​an apartment or house in shares and divide the money, if involved maternal capital It’s simply impossible: the deal will be declared invalid, since children cannot be left without housing. If you “crank out” such an operation, then the spouses will be obliged to return the cash equivalent of maternity capital to the budget (for 2020, 466,617 rubles).

If there is a marriage contract

Concluding a prenuptial agreement greatly facilitates the resolution of the issue of how the mortgage is divided during a divorce. It states important points regarding the division of real estate if the spouses divorce. That is, there will be no lengthy divorce proceedings, but the contents of the marriage contract will immediately be taken into account.

In particular, the following important information may be included in this document:

1. One of the spouses does not claim housing, and is also not responsible for paying off the debt. Or it can be stated that he can only claim monetary compensation in joint payments during the marriage. This option is used more often when the mortgage was taken out before marriage, and the homeowner has already paid a significant amount. And in cases where, for a number of reasons (bad credit history, debt, etc.), one of the spouses cannot be a co-borrower.
2. Exact shares in real estate, possibility of payment monetary compensation if you renounce your share, how will the loan obligation be distributed during a divorce?
3. The mortgage will be repaid jointly (for example, when taken out by one of the spouses shortly before marriage), the procedure for dividing the housing will also be prescribed, and separately if children are born.

It is imperative to notify the bank of the existence of a marriage contract.

Is military mortgage divided?

A particularly pressing question for military personnel and their spouses is how to divide a military mortgage during a divorce. After all, housing within the framework of such a program is provided by the Ministry of Defense (MoD) of the Russian Federation. It also pays the mortgage.

Therefore, the division of such real estate has the following nuances:

• Since only the military man is a participant in the program and it is he who appears in the mortgage agreement, in the event of a divorce he remains the owner in the vast majority of cases. That is, an apartment or house is not recognized as jointly acquired property.
• Loan agreement military mortgages are not reissued.
• The former spouse can claim a share or part of the invested funds in this property only if he proves that:
  • for buying a home in addition to public funds money was invested from the family budget or his personal funds;
  • during the payment of the mortgage loan, the serviceman retired from the Armed Forces and payments began to be made from the joint funds of the spouses;
• If the ex-spouse (usually the wife) plans to claim a share, then division of housing under a military mortgage can be achieved only after the loan has been completely closed. Any other transactions (sale, exchange, donation) are also impossible with this housing. This is explained by the fact that the real estate is pledged to both the bank and the RF Ministry of Defense.
• If there are children and the ex-wife does not have any other housing, and when she does not have the right to the mortgage housing of her ex-husband, the maximum that she can achieve is that the court will allow her and the child to live in this property.

Step-by-step diagram for dividing a mortgaged apartment and a mortgage in case of divorce

When dividing a mortgage loan and an apartment, the main stages of the spouses’ actions will be as follows:

1. A settlement agreement is drawn up that suits both spouses. You can consult in advance credit institution, which issued the loan, which option would suit the bank more. If it is not possible to reach an agreement, then you should prepare statement of claim to court.
2. After the divorce is officially registered, the bank must be informed about this fact and offer its version of the settlement agreement for approval. mortgage real estate and the remaining debt. If the bank refuses, you should try to find a compromise that suits all parties.
3. If all three parties are satisfied with the further fate of the mortgaged property and the distribution of debt obligations, then they should contact a notary to approve this agreement.
4. Next, both spouses fulfill their obligations under the settlement agreement (repay the entire debt, receive their loan agreement, put the property up for sale, etc.).

Spouses should remember that if they refuse to pay, the bank after some time (when the debt has accumulated for 3-6 months) may begin selling the property. The proceeds will be used to first cover the debt, penalties and fines. The remainder will be divided between the former borrowers (spouses). This is the most unprofitable and unpleasant way to divide a mortgage. Therefore, it is still recommended to reach a conclusion through negotiations. general decision and do not delay the division of the mortgage.

Inexorable statistics speak of high percentage divorces: up to 18% of families break up in the first three years.

By the time the relationship officially broke down, many families had acquired children, property, and an apartment with a mortgage.

The problem is quite urgent. The division of a mortgaged apartment during a divorce often raises many questions and disputes. We’ll figure out how to do this in 2020 further.

This word is "Divorce"!

If both spouses have finally decided to separate and decide what to do with the mortgage during a divorce.

The time when the mortgage loan for the apartment was concluded is important.. There are several options here.

If the mortgage was taken out before marriage, it is usually easy to resolve. After the dissolution of the official marriage, the apartment will be given ownership to the spouse who bought it before marriage. He will pay the remaining debt to the bank.

The second spouse cannot claim real estate, even if he lived in this apartment. He can satisfy his claims in monetary terms.

To do this, you need to document that you participated in mortgage payments and made repairs at your own expense.

But the same Family Code states that the other spouse has the right to a share in the apartment, because payments to repay the debt to the bank came from the general family budget.

A person does not have to work: wage one is considered total income.

What the court's decision will be depends on the evidence base (receipts, checks) and the level of experience of the lawyer.

Division of an apartment in a civil marriage

This is the easiest option.

The apartment with all mortgage obligations is owned by the person who borrows from the bank for this apartment.

Mortgaged real estate may fall under the division of property if former cohabitants are co-borrowers of the mortgage.

The question of how a mortgage taken out during a marriage is divided in a divorce is more complex than others and is often aggravated by factors that slow down this process.

Any acquired property purchased during marriage is considered joint property.. Moreover, it does not matter which of the former spouses is recorded in the certificate of ownership.

But in most cases, the bank, trying to protect itself, takes the second spouse as a co-borrower. Thus, in the event of a divorce, both spouses receive the same debt obligations to the bank.

If there are no other factors influencing how the mortgaged apartment is divided during a divorce, the process occurs according to several scenarios:

1. Former spouses can enter into a separation agreement in which they continue to pay the mortgage together until they have paid it off in full. They both continue to be owners of the apartment. But the bank itself should be notified that the divorce process has taken place.
2. The second method is the most common. Former spouses want to renew the mortgage and choose to divide the apartment into equal shares and share the mortgage debt equally. The bank is reluctant to enter into such transactions: after all, instead of one loan, it receives two at once. Moreover, there is a risk of non-payment on the part of borrowers. Sometimes the bank demands that the debt owed to it be repaid in full if the spouses divorce.
3. The third option is suitable for those who have a small mortgage debt. With the permission of the bank (it is pledged to the bank until the mortgage loan is repaid), the apartment is sold, the debt to the bank is repaid, and the remaining amount is divided in half between ex-spouses, apartment owners.
4. Sometimes they occur when one of the spouses renounces his share in the apartment, which means he gets rid of debt obligations to the bank. There is a catch - the bank may not approve such a way out of the situation, since the spouse to whom the apartment goes may not be able to cope with the payments alone due to low income.

Despite how exactly the ex-spouses want to resolve the issue of what to do with the mortgage in a divorce, everything depends on the opinion of the bank.

He is not obliged to change the terms of the agreement if the co-borrowers (part-time spouses) are going through divorce proceedings.

The court will take into account the opinion of the bank as a third interested party.

When purchasing an apartment with a mortgage during marriage, it is possible to use personal funds lying on bank account from one of the spouses since the premarital period, as a down payment.

In the event of a divorce, he may demand their return or become one owner of the home. The second person receives compensation in the amount of half of the mortgage loan paid during the marriage.

Factors influencing the process of dividing a mortgaged apartment

The options for dividing an apartment with a mortgage are discussed above, which are quite easily resolved by the former spouses themselves through an amicable agreement or decided by a judge if there is a claim by one of the parties.

Difficulties arise when a family has children, the mortgage was issued for special conditions: with maternity capital, marriage contract or military mortgage.

When spouses and children divorce, the mortgage is often divided in court. The presence of minor children influences the court's decision on the division of the apartment under the mortgage.

The one with whom the children remain receives a larger share than the other spouse.

If the ex-husband and wife decide to sell the apartment (not without the consent of the bank), the child (children) must be discharged from this apartment to another place.

Otherwise, guardianship will intervene and may raise the issue of deprivation of parental rights if the existence of normal living conditions for the child does not correspond to reality.

Maternity capital is state benefit mothers for the birth or adoption of a second and subsequent child.

A mortgage with maternity capital assumes that the former spouses have at least two children whose rights must be respected.

This is mentioned above. Maternity capital is registered in the name of one of the spouses and cannot be divided during a divorce.

But there are points when dividing an apartment with maternity capital:

• the apartment becomes shared ownership both spouses and their children;
• shares for children are allocated after the mortgage loan is repaid;
• in case of divorce proceedings, the apartment will be divided according to the existing shares.

The division of an apartment purchased with a mortgage can take a long time. To make the task easier, you can draw up a marriage contract.

It is signed at any time before the divorce: before marriage, during the entire period of marriage, and also before or after purchasing an apartment with a mortgage.

In the latter case, the spouses are required to notify the bank that they have drawn up a marriage contract signed by a notary.

A credit institution can challenge the clause on the division of a mortgaged apartment only by filing a claim in court.

Sometimes banks require the signing of a marriage contract when receiving funds to purchase an apartment. This condition is explained by the fact that one of the spouses prevents the bank from issuing a positive decision.

More often this is explained by bad credit history, having several loans, lack of official income.

The prenuptial agreement must indicate what is important for the bank as a third interested party: the second spouse waives all obligations under the mortgage and claims. The court's decision in the presence of such an agreement will be in favor of the main borrower.

The peculiarity is that the serviceman himself remains the owner of the mortgage loan and the apartment itself after a divorce.

It doesn't matter if he has a wife and children.

The division of the apartment takes place without the participation of the latter. Also, a military man cannot reissue a mortgage, even if it is necessary to divide an apartment purchased with a military mortgage. There is another side to such a mortgage loan. Military mortgage

implies that if the mortgage is not paid, the responsibility lies entirely with the serviceman himself. A wife, even an ex-wife, is exempt from such an obligation.

When spouses decide how to divide an apartment in a mortgage during a divorce and whether it is possible to divide the loan into two independent ones, the following rules must be followed:

This is the answer to the question of how to reissue a mortgage and how to get out of co-borrowers. Banks often refuse such a decision because they do not want to take risks.

In an apartment for which two loans have been issued, you can stay together, registering it as communal, and everyone gets an isolated living space (room), separate utility payments.

To the spouses’ question, “Is it possible to divide a one-room apartment in this way?” only negative. And you won’t be able to get two separate loans from the bank instead of one for a one-room apartment.

Here's more legal advice: You can exchange an apartment with several rooms for two. Their total cost

will be equal to the amount offered for a mortgage apartment. But the exchange process can take a long time.

When a divorce proceeding is underway, spouses who have not agreed on payment of the debt may allow incomplete repayment or late payments.

If there has been no mortgage payment for several months, the bank can take the apartment and sell it at auction.

Often, when dividing an apartment and a mortgage into two independent loans, the former spouses do not get along together and one of them remains to live in the apartment. The one who left the apartment can ignore loan payments and refer to the fact that he no longer lives. How to protect yourself in this case?

He may demand to rewrite the mortgage loan to himself, relieving his ex-spouse of debt obligations and the share in the apartment.

Another way is to sell the apartment at auction and pay off credit debt in front of the bank. The remaining money will then be divided between the former spouses.

An apartment with an encumbrance will cost less than the rest, because there will be little demand for it.

Not everyone will agree to buy an apartment for which the mortgage has not been paid. Compensation for the inconvenience will be a discount on its purchase.

If it is not possible to divide or sell the apartment, and it is impossible to live together, then you can go to temporary housing.

According to the law, a mortgaged apartment cannot be rented out and the loan cannot be repaid with its help, since there is no consent of a third party (the bank). In practice, such apartments are successfully rented out.

Today, issues regarding the division of a mortgaged apartment are more often resolved in court.

Judicial practice in such cases varies across the country, and court decisions in different regions of the country can differ radically.

Success in protecting your interests in relation to an apartment often depends on the legal knowledge of the former spouses themselves, the literacy and experience of the lawyer.

Video: How is a mortgage divided during a divorce?

Greetings!

The plans of a young family concluding a mortgage loan deal with a bank are based on a dream: one day, finally, to pay last installment and feel like full-fledged owners of the home that has become your own. In most cases this is what happens.

But sometimes reality hits the dream hard, and everyday problems lead spouses to the decision to separate from each other.

At the same time, part of the mortgage has already been paid, and now, during a divorce, how can the mortgaged property be divided? This is a difficult question, but quite solvable.

What to do with the mortgage if the spouses are about to divorce?

Mortgage housing is not only a roof over your head. These are, first of all, debt obligations of one or both spouses.

These obligations must be fulfilled by them until the last day of the loan agreement.

In accordance with the agreement, failure to comply with the terms of the mortgage threatens the couple with loss collateral property. This scenario is understandable and does not raise any questions for borrowers.

But what to do with the mortgage and how to divide the partially paid property? After all, during the validity of the mortgage agreement, the family could have time to have children, the wife could become a housewife, and all provision for the family would fall on the shoulders of the head of the family.

That is, since the conclusion of the agreement, all family circumstances could have changed dramatically, but does this mean that the rights of the members of the married couple to jointly acquired property have also changed?

In order for a decision on a property dispute to satisfy both parties during a divorce, it is important to put aside all other claims and calmly discuss all the details of the future divorce process.

The standard situation in which spouses who have filed for divorce have housing in common use, purchased on credit, is regulated by laws in the following documents:

• Housing Code of the Russian Federation;
• civil code of the Russian Federation;
• Family Code of the Russian Federation,

and federal law for No. 102-F3, published on July 16, 1998.

Collecting all the laws together and drawing the correct conclusion without the help of a competent lawyer will not only be difficult, but in principle impossible.

How to start dividing property correctly

Divorce usually takes place against a background of emotional stress and constant searches for someone to blame for what is happening. Therefore, calming down and making all decisions thoughtfully is the first thing that any lawyer will suggest to do to a married couple who has decided to officially dissolve their marriage.

This approach will allow former spouses to adequately evaluate the lawyer’s arguments and not bring the matter to serious litigation.

In addition, it is relatively simple to divide what has material value- TV, car, dacha, apartment. How to properly divide debt obligations that, in addition to the material side, also have a legal side? This question can be answered only after a careful analysis of the loan agreement and consultation with a specialist.

In a normal divorce proceeding, there are two contracting parties: a husband and a wife.

But in the case when both of them have mortgage obligations, a third party comes into play - the bank that issued funds to pay off the mortgage loan.

The creditor bank faces certain risks in connection with the unpaid part of the debt, and there is also uncertainty about the question: from whom to demand the remaining part of the payments after the divorce.

Of course, it is impossible to provide for all options for divorce proceedings. But when concluding a mortgage lending agreement, some clauses providing for such situations are stipulated and must be included in the agreement.

If the spouses’ divorce takes place in a normal environment, where both parties are attentive and attentive to each other’s requirements, then the division of the mortgage can be regulated using the provisions specified in the loan agreement.

The usual set of basic bank requirements in case of divorce proceedings looks something like this:

• ban on the sale of mortgaged housing for which the bank has not been paid the full amount of funds specified in the agreement;
• if in the agreement the main borrower is only one of the spouses, then upon concluding the agreement the second is also invited to become a co-borrower, which equally distributes debt obligations after the dissolution of family relations;
• Alternatively, in accordance with the agreement, the spouses may be offered to pay off their debt obligations ahead of schedule and finally.

This removes the bank from participating in the further division of the apartment as joint property.

In any case, the two parties to the divorce process need to consult with a third party - the mortgage financing organization, which may have its own opinion on the process. The solution that might seem to be a debt issue - the sale of mortgaged housing - is not welcomed by the bank and therefore falls out of the question. possible options

resolving the issue of division of property.

An extremely unfavorable option for ex-spouses when they cannot come to an agreement and stop making mortgage payments, thereby leaving the bank with the right to own their apartment or house.

Housing placed at the disposal of the bank will mean not only the loss of a roof over your head, but also a certain (and not small) part of your funds. The bank will sell the apartment at its liquidation value, that is, one third cheaper than its market price. At the same time he will return it former owners

only the amount from which it will deduct all its costs and expenses of sale, as well as the balance of the debt and penalties for lost profits in the form of interest on the remaining payments.

Those who nevertheless take the risk of finding buyers for their home should expect that the amount received from the transaction will not be much higher than what they would receive from the sale of the apartment by the bank. This outcome will be influenced by the limited period within which the property must be sold and the encumbrance of the property being sold with unfulfilled debt obligations.

Algorithm for dividing an apartment with a mortgage during a divorce in the video:

The division of property between spouses during a divorce can be carried out in different ways. The simplest is a contractual process that will lead to a mutually beneficial solution to the issue.

This will mean that payments on the mortgage loan will be received in the bank account on time and without changing the monetary amount.

If one of the spouses who are co-borrowers cannot or does not want to pay his part of the debt, then only the judicial authorities can charge him with the fulfillment of debt obligations.

When considering a case on the division of a mortgage, the court, first of all, takes into account the specific time when the mortgage agreement was concluded - before the couple entered into an official marriage or after the registration of marriage documents.

Mortgage issued to future spouses before marriage

If there is only one borrower in the loan agreement, then fulfilling all debt obligations is his direct responsibility, because he is considered the sole owner of the mortgaged property.

Such housing, taken by one of the spouses on credit before marriage, is the property that was acquired before the onset of official relations and is not subject to division in the event of divorce.

The borrower must make all payments before the end of the loan agreement, regardless of who lives in his apartment.

These are the main provisions on which the court relies when deciding on the division of mortgage lending.

The court does not have the right to force the owner to divide his property acquired before entering into an official marriage.

You can find the answer to the question of which spouse will have to pay the mortgage without bringing the matter to court.

If the only borrower, who is also the owner of the property, has the opportunity and desire to leave the apartment along with the remainder of the payments to his ex-spouse, then this can be done by simply renewing the contract.

Mortgage issued after marriage

All property that spouses acquired while married has the status of jointly acquired property, and upon divorce it is subject to division equally between the ex-husband and wife.

An important role in property relations during a divorce is played by the fact that a marriage contract has been concluded between the spouses.

This document, of course, provided that it is drawn up by competent lawyers, can regulate all the complex aspects of the divorce process.

If there is none, or if it does not provide for the division of mortgage obligations, then the issue will have to be resolved on the basis of the provisions of legislative acts common to all.

According to them, an apartment registered with a mortgage after marriage, like other property acquired during this period of time, is considered joint property family and is divided into shares regardless of whether one or both spouses are indicated in the agreement as borrowers.

It states that all property acquired by a married couple during their marital relationship belongs to both of them, and it includes:

• funds received in the form of income of both persons who are married: their wages, pensions, payments are not intended purpose(benefits, material aid), income from other (entrepreneurial, intellectual) activities;
• things for various purposes, funds placed on profitable deposits, rights to a share in joint capital, securities of value, as well as any property acquired during the time lived together, regardless of which spouse acquired it and with whose money.

Even if one of the spouses did not bring in family budget constant income, but at the same time fulfilled his family obligations - looked after children, drove household, then he is not deprived of the right to own common property.

Understand which part of common property will go to each of the parties involved in the divorce process, helps Article No. 39 of the Family Code of the Russian Federation, which defines the shares of both spouses as equal to each other, if there are no other conditions stipulated by the marriage or other agreement concluded between the spouses.

If the division of property has reached the court, then the judge has the right to decide who owns and in what amount the property acquired during the period of time lived together.

To make a fair decision, a number of factors are taken into account: the interests of the remaining family members living together; unjustified refusal of one of the spouses to participate in the fulfillment of their family obligations; spending common funds and property not in the interests of one’s own family.

The family’s income and its debt obligations are considered common and distributed in accordance with the shares designated by the court.

During a divorce, the standard approach of the court to the division of mortgaged housing is to make a decision that states: shares in such housing can be distributed only after full settlement with the creditor bank.

If the spouses are listed as co-borrowers in the agreement, the court usually orders them to pay equally the entire remaining amount of the debt.

When one of the spouses does not fulfill his obligations, the second has a choice: pay the entire amount and become the sole owner of the property, re-registering the contract in his name, or sue the co-borrower.

When most of the mortgage payments are left behind, the most reasonable option is to go through this path to the end and obtain ownership of the mortgaged housing, so that it becomes possible to choose the most suitable and beneficial option for both ex-spouses for further actions regarding the division of this property.

Child factor during separation

Children registered as one of the owners of residential premises have the full right to a share in this housing.

A child who was born after the rights to property were established, when dividing the housing received under a mortgage, increases the share of the spouse with whom he remains to live after the divorce and division of property.

Re-registration of the mortgage agreement

The final decision on the division of a mortgage loan occurs if the two parties fully fulfill all obligations specified in the agreement concluded between the borrower and the lender.

If the contract has not expired and part of the payments remains unpaid, then the borrower can re-register his right to the property and, therefore, shift all responsibilities to his former other half.

This is possible provided that there is no clause in the contract prohibiting such a scenario of action.

To positively resolve the issue of re-issuing a loan with a bank, former spouses need to:

• come to an agreement among themselves;
• prepare documents certifying the solvency of the person to whom the loan is being reissued;
• with identification documents and a valid mortgage agreement, personally appear before the experts of the credit department with a request to consider the issue of re-issuing the agreement.

The expert, having considered the reason for the change in the borrower’s identity in the contract and checking the data received, can satisfy the request and appoint the former spouse as the borrower.

The nuances of a mortgage with a share of maternity capital

When in payments mortgage lending funds from maternity capital are involved, then in the event of divorce proceedings the mortgage is divided between the parents and prerequisite registration of ownership of the child 30% of the area of ​​the entire apartment. If there are two children, then each child receives ownership of 25% of the total area.

When participating in a maternity capital mortgage, the best solution for parents and children would be early repayment mortgage loan and the allocation of shares due to each person in their own apartment. Searching for another way out will probably leave everyone without housing and without maternity capital.

Spouses who have decided to divorce but have an outstanding mortgage loan should remember that their home is pledged to the bank and is actually its property. Therefore, despite the divorce, it is their responsibility to make timely monthly payments.

If such a scenario is impossible, then there is only one thing left - to address your problems to the judicial authorities.

Rules for dividing an apartment in a mortgage during a divorce in the video:

Divorce statistics in our country show disastrous results - fourth place in the world ranking. At the same time, during their life together, the spouses acquire a lot of jointly acquired property and common children. What happens during a divorce, if there is a mortgage and a child, is there a arbitrage practice?

How to divorce your husband or wife if you have minor children and a mortgage? This issue is difficult to resolve, since an impressive amount of evidence is required.

There are cases when, during a marriage, a family decides to take out a mortgage loan. If the loan is taken out after the relationship is registered in the registry office, then the living space becomes joint property and, in the event of a divorce through the court, is divided on a general basis.

In this case, the norms of the Family Code of the Russian Federation in terms of Chapter 4 come into force Civil Code of the Russian Federation, regarding the division of property and payment of child support, the Constitution Russian Federation and international legal instruments, in particular the Convention on the Rights of Children.

How divorce occurs with a mortgage and children - judicial practice.

Taken together, this range of documents determines the procedure for judges to consider divorce cases, where the issue of determining children with one of the parents is being decided, and third parties in the form of representatives of a financial organization are also plaintiffs.

So, if there are no children, then the mortgage is divided in equal shares, unless they themselves have settled this issue. Actions regarding a mortgage are possible only with the agreement of the bank, regardless of the type and complexity.

During a divorce, the following options are possible:

• and full settlement with the bank;
• division of shares and re-conclusion of the contract for two persons;
• division of shares and housing by court decision.

Based on the situation where a child appeared during their married life, it should be understood that he is an equal party to the dispute.

Divorce in the presence of children is possible only through the court. Guardianship and trusteeship authorities are involved in the court hearing in order to monitor the observance of the rights of the child, as well as to fulfill the role of specialists and defenders. The same council issues a conclusion on checking each of the parents and the advisability of leaving the child with one of them.

How to divorce your husband if you have minor children and a mortgage? As a rule, the court's priority is the mother. The child is usually left with her, and therefore the share in housing increases, and the share in paying the mortgage decreases.

When determining alimony payments monthly amount payments for the person who will pay alimony are reduced, and the loan term increases accordingly.

Necessary documents for divorce

To begin the divorce process, it is necessary to file an application with the court at the place of registration and location of the plaintiff.

According to Art. 16 of the Family Code, one of the spouses, as well as a guardian, has the right to submit an application, but only if the person is declared incompetent. Filing an application for divorce by one person is allowed if one of the spouses has died.

Within a year after the birth of the child and during the pregnancy of the wife, the husband does not have the right to file a petition for divorce, since it is envisaged that undue harm will be caused to the wife and the unborn child. Even if there are common minor children, the marriage can be dissolved at the registry office only in the following cases:

• there is a court order declaring the spouse incompetent;
• the spouse was convicted of an intentional crime for a term of more than three years;
• a court decision was made to declare the person missing.

This exceptional cases. As for the mortgage, if the above cases arise, part of the debt, if the agreement was concluded between two persons, is assigned to one of the spouses.

If these cases arise in relation to the borrower, then in the first case, the debt is assigned to the guardian, in the second - to the second spouse, in the third case - payment is suspended for up to 6 months until the heirs take possession and disposal of the property. The mortgage, as part of the property, is assigned to the debtor's successor.

In addition to the application to Judicial authority a divorce must be filed:

• identification documents;
• copies of the birth certificate of the child or children;
• certificate from the State Unitary Enterprise under F No. 6 regarding registration at the place of residence of family members;
• an extract from Rosreestr (MFC) about the presence/absence of real estate;
• an extract from the BTI on the presence/absence of other property (garages, land etc.)
• bank statement confirming the availability of accounts.

Most often, spouses try to hide part of the property, since property not registered in the spouse’s name cannot be included in the object of division. If there is a mortgage, the child at birth is registered as a share of the living space. That is why he appears as an interested party in the court case.

Drawing up an agreement to pay the mortgage during a divorce is the best way out of this situation. Divorce proceedings are not grounds for suspension monthly payments on the loan body, and interest charges continue to accrue, and the debt increases.

Considering that the divorce process is not quick, if there is a delay of more than four months, the housing may become the property of the creditor, and the repaid amount is not returned, since the debtor did not fully fulfill the obligations and used the acquired property, which, in mandatory, is collateral for the loan.

During the division, an account is opened for the child, where part of the funds from the sold property is transferred if the apartment, with the consent of the bank, is sold.

With the consent of the parties, part of the share is taken by the spouse with whom the child remains. There is no way to rent out your home, since the bank's consent is required. If this fact nevertheless becomes clear, the bank has the right to demand lost profits.

Some options for dividing mortgage housing if you have a child

Mortgage in case of divorce of spouses with children - how to divide?

As a rule, the bank does not care from which deductions the payments for mortgage housing will come from. This can be done from maternity capital at the birth of a child.

During a divorce, this fact is taken into account and the spouse must be prepared for the fact that the housing will not belong to him, since he will not be the responsible payer, and his biological contribution to the creation of the child is not taken into account, since it is not a legal fact, except in cases of recognition of paternity.

If the court recognizes the fact that both spouses are co-borrowers in equal shares, but one party proves that after the divorce it will not have the opportunity and means to repay its obligations to the bank, the obligation to pay rests entirely with the second party.

It is worth remembering that even if the housing remains intact, without division, neither spouse has the right to dispose of the property until the loan is fully repaid. This condition is mandatory and is even specified in the agreement.
To others in a cunning way is the transfer of one's responsibilities to the other spouse.

This case arises in a court decision if the spouse proves that he does not use the housing and is not going to pay his share.

Here the bank will be the plaintiff, since often the second spouse refuses to accept this part and renew the agreement with the bank. This is only possible by force, but the time will be extended, and the bank will have no choice but to re-register monthly installments and recalculate the entire mortgage loan. It's easier to pick up housing.

Some peaceful options to resolve the situation

Divorce with children causes stress and psychological trauma to the child. Indeed, in court proceedings, the child becomes the epicenter of the struggle, since the right to own and dispose of the seized property is “tied” around him. In this case, parents can reduce the degree of tension and go the following way:

• conclude a settlement agreement on the division of property and future provision for the child. This option is widely used in the West and in world practice. This is a universal way to protect your property and nerves. It is easier for the court to make a decision if such an agreement is provided;
• provide the agreement and court decision to banking institution, together with certificates of income, since the contract is re-signed for two persons in accordance with the decision made by the court and the financial capabilities of each of the divorced spouses;

Each renewal of the contract is subject to payment. Typically the bank takes 2% of the total debt amount. This payment can be deposited into the bank’s cash desk immediately, or it can be counted as part of the debt of each spouse.

Family law lawyers in St. Petersburg

Divorce and division of property in court,
- Determining the procedure for communicating with children and their place of residence, collecting alimony,
- Deprivation and restoration of parental rights.

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: procedure for dividing shares of an apartment and obligations between former spouses. Married couples often call and come to our office for whom mortgage division issue became a real life test. The fact is that the division of debts in this case involves a third party in the dispute: the bank that provided the mortgage loan.

To clearly illustrate the risks and problems, read the main questions from citizens and the lawyer's answers to them. Contact us for legal advice to our mortgage lawyers. Legal consultation is free.

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Frequently asked questions about mortgages during divorce that lawyers are asked

1. Mortgage during divorce: division of apartment

   

   Before getting married, I bought an apartment in St. Petersburg. Only then did I meet my future wife. They got married, had a child, and lived together for 3 years. During our marriage, I sold my one-room apartment and invested the money from the sale in the mortgage of a three-room apartment in Shushary. Now the mortgage is 45 percent paid off, but the marriage has broken down. How can we divide the apartment, given that the wife has not invested a single ruble into the mortgage? Semyon.

   According to the law, when dividing property that spouses have acquired together, they are allocated 1/2 of a share, unless there was a prenuptial agreement that dictates other conditions for the division.

   But the court may, at its discretion, increase the share of one of the spouses to the detriment of the other. This will happen if the court is presented with evidence that most of the money was invested by the spouse (you) from the sale of property acquired before marriage. It also matters which spouse will raise the child and the presence of other factors.

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2. Mortgage during divorce: get a mortgage and get a divorce

   My husband and I are planning to file for divorce. To provide for myself while I'm still married, I want to get a mortgage. I, as a woman with a husband, will approve of it 100%. After that, we'll get a divorce. How to do this correctly? Is it true that mortgage in case of divorce and will the apartment remain for me? Inga, St. Petersburg

   After a divorce, the mortgage is divided equally between the former spouses. If your husband does not pay his share, then the interest on the overdue payment is also divided between the two borrowers. But after a divorce, even if your husband does not pay the mortgage, he is not obliged to give up his share in the apartment. He will have the opportunity to take ownership of 1/2 of the apartment and live in it.

   If your spouse refuses his share, you will be required to pay him 1/2 of the money that was paid on the mortgage during the marriage.

3. Mortgage during divorce: husband demands to give up a share in the apartment

   My husband and I are getting divorced. While married, we bought a one-room apartment. My husband wants to completely take over my apartment. But I don't want to give him my share. He threatens that if I don’t give him 1/2 of the share for free, he will stop paying the loan and all mortgage in case of divorce will fall on me. Can he do this, is he right? Katerina.

   Your husband is violating your rights. Don't let him do this. Since the apartment was acquired during the marriage, it is joint marital property. In case of divorce, it is divided between you in 1/2 shares.

   In the event of a divorce, you will be required to pay the mortgage for your share of the apartment, and your husband for his share. You cannot be deprived of the right to this share in any way except by a court decision. But you can refuse it and receive compensation: 1/2 of the money that was paid on the mortgage while you were married.

4. Mortgage during divorce: how to divide a house

   My wife and I took out a mortgage on a plot of land and a house. They registered ownership in equal shares. Five years later, we are getting divorced. My wife either wants to sell me her share for twice as much as it is worth, or demands that I give her my share. Moreover, for an insignificant amount, several times lower than what it costs. Is it possible to somehow, through the court or something else, force her to sell me a share of the house for the real cost? Is it possible to order an assessment, an examination, and buy its share exactly for the value that the assessment will show? Pavel, St. Petersburg

   No, the court does not have the right to oblige your wife to set a lower price for her property. Exit: you sell your share. You can set any price and offer her to buy your share (she has preemptive right purchasing your share). If she refuses, you can sell your share of the house to a third party, but for a price no lower than what you offered to your spouse. You have the same right if she offers you to buy out the share. If she sells her share to a third party for less than what was offered to you, the transaction may be considered invalid by you.

5. Mortgage during divorce: 1/2 each

   My husband and I lived in a civil marriage before marriage. Then we bought an apartment with a mortgage of 1/2 share for each person. A year later, the relationship was officially registered. We had a girl and also had a daughter from our first marriage. We are getting divorced because of his drunkenness. We need to share an apartment, but it is still under mortgage. I have unfulfilled maternity capital. Maybe it would be more profitable for me to invest it in a mortgage so that my share in the apartment would be larger? Anna.

   Anna, don’t rush to invest your maternity capital in the mortgage of this apartment. If you do this, you will have to allocate a share to the children. Talk to your spouse, maybe he will agree to give his share to the children.

6. Mortgage during divorce: division of mortgage with a parasite

   I took out a mortgage for my apartment before I got married. Before marriage, I paid off half of the mortgage. The rest of the money was paid after the wedding. There was no marriage contract. But my husband earned little, and I was the only one struggling with the mortgage. He didn’t work for several months, got a job for a short time and quit. Again at home I lay on the sofa and sipped beer. When I got tired of it, I filed for divorce. He filed a counterclaim for the division of property - he wants half of the apartment. What right does he have to my legal property? Irina, St. Petersburg

   Irina, if during your marriage you paid off half of the mortgage, your husband’s demands are partly justified. But he was mistaken in the size of his claims.

   He has the right to 1/2 of the money that you paid on the mortgage during your marriage or cohabitation and running a common household. That is, he, of course, will not receive half of the apartment, but half of the half of the money that was paid “jointly” is quite possible.

   If you prove in court that you repaid the loan from the money you received under a gift agreement, that’s a different matter. This money is not jointly acquired, only yours. In this case, he is not entitled to compensation.

7. Mortgage during divorce: I can’t pay the mortgage after divorce

   We're getting a divorce. I don’t want to pay a mortgage after a divorce; I don’t have that opportunity. If I give up my half, and my wife agrees to take it and pay the mortgage in full after the divorce, will I be relieved of the obligation to pay contributions? And is it true that if I renounce ownership of my share, my wife will pay me compensation for the apartment? Ilya, St. Petersburg.

   Yes, you are entitled to compensation when dividing your mortgage in a divorce.

8. Mortgage during divorce and property rights

   I have a mortgage on my apartment. The mortgage hasn't been paid off yet, but I want to get married. What are my risks if my future marriage breaks up? What difference does it make if I register ownership of an apartment before marriage or if I am married? Sasha.

   If you take ownership of an apartment before marriage, and repay the mortgage during marriage, your wife will have the right to 1/2 of the money you pay for the apartment during marriage. It does not matter whether you registered ownership of the apartment before marriage or during marriage.

9. Mortgage in case of divorce: prenuptial agreement

   My wife and I are getting a divorce and dividing our property. They took out a mortgage for living together. Now we are trying to come to an agreement: to draw up a marriage contract. Is it possible to state in it that I compensate my wife for 1/3 of the cost of the apartment and give me the right to live in the apartment for 1 year after the divorce? Nikolai.

   Yes, in your case you need to sign a property division agreement. It is necessary to write down all the terms and conditions in as much detail and accurately as possible and have your contract certified by a notary.



10. Mortgage during divorce: how to get your money?

    My parents sold our apartment and divided the money between themselves and me. I received 2,000,000 rubles. My husband and I invested this money into a mortgage for an apartment as a down payment. Now we are getting divorced. I want to get my money back, how can I confirm that my parents gave me two million? Polina, St. Petersburg.

    Let your parents write you a gift agreement to transfer money to you to purchase an apartment. Let them indicate the exact address of the apartment. In the case of a convincing gift agreement, the court will not consider this money to be common property. They will not participate in the division of property.

    Even if your husband receives something during the division, it will be a much smaller amount.

    But you can, in court, offer to leave the apartment and loan obligations to your husband. Your conditions are payment to you of compensation in the amount of 1/2 of the money deposited into the credit account during the marriage.

11. Mortgage during divorce: are we going to court?

    Two years ago, my husband and I took out a mortgage, he is the borrower, I am the co-borrower. It will take another 13 years to pay off the mortgage, but we are getting divorced. What should we do? How to separate a mortgage and an apartment? Natalya, St. Petersburg.

    In case of divorce, the mortgage is divided through the court. Moreover, it is necessary to bring the bank to court as a third party. This process directly concerns the bank, since until the loan is repaid, the apartment is owned by the bank. With the consent of the bank, you can directly re-register the contract in court for one of the spouses. In this case, the court will decide on compensation for the second spouse.

12. Mortgage during divorce: what to do?

    While married, we took out a 1/2 mortgage for my husband and me for 15 years. There is a small child. I want to get my share of the apartment, but I can’t pay the mortgage even half the cost. The mortgage has only been paid for a year. I have to pay for another 14 years, but I have nowhere to live and still need to find a job. What to do? Olesya, St. Petersburg.

    The owner of the apartment until the mortgage debt is repaid is the bank. He needs to be brought to trial. In case of divorce, the mortgaged apartment is divided between the spouses in equal parts. Or it is transferred to one spouse, and the second receives compensation. If you cannot pay the mortgage, choose the option in which the ownership and obligation of the mortgage will pass to your ex-husband and you will receive compensation.

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7 (812) 925-39-24 Division of mortgage upon divorce of spouses in St. Petersburg

13. Mortgage during divorce: how to divide an apartment?

    My husband and I purchased an apartment with a mortgage. I paid 60% for it from my money from the sale of an apartment in Moscow. After that, the husband did not work anywhere and received income from rare odd jobs. We're getting divorced in a month. I am ready to continue paying the mortgage, he does not agree to leave me the apartment, he is trying to get half, 1/2 of the share. We will sue. I have a question: can the court award me the apartment in full? Nina, Gatchina.

    And loan obligations occur only with the participation of the bank in court. If the bank agrees to partition the apartment and renew the loan agreement in a court case, you can, through the court, establish the amount of monetary compensation for your spouse and resolve the issue of dividing the mortgage. But, in order to prove to the court that you paid the mortgage from your own funds, and not from family money, you will have to show the court the relevant documents.

    For such a process, we recommend that you hire an experienced property division lawyer. Chapter mortgages during divorce has a number of complex nuances. A good negotiator and specialist with experience in such matters will help you. They will pay for themselves in the end.

14. Mortgage during divorce: bank against court decision

    During the divorce, there was a court for the division of property and the division of the mortgage. The court decision stated that the apartment and loan obligations were awarded to me. Ownership of the apartment was awarded to me and Rosreestr registered it. The bank was a third party in the process. But his representatives did not come to the trial. The bank did not change the loan agreement, although a written demand and a court decision were sent to it. I pay my mortgage without violations. How to force the bank to correct the agreement in accordance with court decision? Kirill, St. Petersburg.

    If you already have a court decision, all parties to the case, including the bank, are obliged to comply with it. Contact the bailiff service, which is obliged to monitor and facilitate the implementation of the court decision. In order to force all participants in the case to take action, obtain a decision on the case from the court and take it to the bailiffs. Then just monitor the progress of execution.

15. Mortgage in case of divorce without a prenuptial agreement

    We bought an apartment with a mortgage. My salary is much more than my wife's salary. I paid the mortgage in full, for which I have the relevant documents: receipts for payment of mortgage payments. On this basis, I would like to obtain ownership of the apartment or at least 3/4 of the apartment's share. Tamir, St. Petersburg.

    By law, even if you and your spouse do not have equal income, or one of you did not work at all, the entire income of the husband and wife is joint (unless there is a prenuptial agreement that states otherwise). In your case, most likely you will remain a mortgage borrower by court decision. If the apartment is transferred to you by court decision, you will be required to pay your wife compensation: 1/2 of the funds that were transferred under the mortgage for the entire time of the marriage.

16. Mortgage during divorce: division by agreement

    My wife and I are getting a divorce, we have a child together, and we were paying off the mortgage. She agreed to leave the apartment to me. What documents should we sign so that she does not apply for the apartment in the future? Dmitry E., St. Petersburg.

    Firstly, you need to re-issue a mortgage loan from the bank only in your name. If the bank refuses your request, you will have to resolve the issue in court. If you are able to pay the mortgage and can prove your solvency, you can count on a positive court decision.

    Secondly, if the apartment and the loan are transferred to you, set the amount and pay your spouse monetary compensation.

17. Mortgage in case of divorce and fictitious marriage

    After the wedding, we lived in the apartment of my wife and her parents. Then I rented an apartment and took out a mortgage. The co-borrower was my wife, although I asked the bank to designate someone else as a co-borrower. My wife and I did not live together in a rented apartment. There were no common households. My relatives gave me the money for the down payment. A year later they divorced. After the divorce and before it, the wife did not participate in the repayment credit debt. How can I get the entire apartment without giving a share to my ex-wife? Mikhail, Vyborg.

    Case by mortgage in case of divorce decided through the court. It is necessary to file a claim in court for the division of property and division of the mortgage during a divorce. If you can prove that the money was a gift, your share in the apartment will be increased. If you can prove that you were not running a joint household and there was different budget, it is possible that the share in the apartment will be increased. Depending on the court's decision, compensation may be awarded to the ex-wife.

18. Mortgage during divorce: mortgage debt, what to do?

    I'm divorced. Have a baby. The mortgage was taken out while married to my husband. When dividing the property, they signed an agreement that he would pay half mortgages during divorce. I am the main borrower. I regularly pay the mortgage, but he doesn’t - he has a lot of debt. In principle, I am ready to pay my share in full ahead of schedule, but I am afraid that the bank will force me to pay my husband’s share and his late payments and fines. Elena P., Agalatovo.

    We need to act quickly, without delay. File a lawsuit for division of marital property. Otherwise, the bank has the right to present you with demands for payment of the debt.

    To protect your interests, contact and find a good lawyer.

19. Mortgage during divorce: what percentage?

    My wife and I purchased a three-room apartment with a mortgage. In order to make the first payment - 3,000,000 rubles, I sold my apartment. The rest (two million) was taken out on a mortgage for 1/2 share. What percentage of the mortgage will I pay in a divorce? Oleg, St. Petersburg.

    Through the court you can achieve a fair division of property. Prove to the court that you invested money received from the sale of your personal apartment into the apartment. The court will not include this money in the division.

20. Mortgage during divorce: how to refuse a mortgage?

    The mortgage was taken out during marriage. We are getting divorced and would like to get out of the mortgage agreement, especially since I am a co-borrower. Can the option of replacing a co-borrower be approved through the court or in another way? Ivan.

    The issue is being resolved in court. But it is likely that the court will not exclude you from being a co-borrower. But you can sign an agreement with your spouse to waive rights to the apartment and pay you compensation. Compensation can be assigned arbitrarily or as 50% of the mortgage funds paid during the marriage.

21. Mortgage during divorce: husband lost his job

    Six years ago we took out a mortgage. I, the wife, am the main borrower, my husband is the co-borrower. After the divorce, we paid the mortgage equally. Now my husband has lost his job and cannot pay. The property was not divided; my daughter and I live in another region. He doesn't pay child support either. What to do? Alina, St. Petersburg

    Divide the property through the court. In court, you can either recover the debt from your spouse or transfer all obligations to yourself, transfer the right to the apartment to yourself, or determine the amount of compensation to your ex-husband. Demand him to file a separate claim.

22. Mortgage during divorce: how to divide if there is a child?

    My husband is demanding compensation for his mortgaged apartment. I'm ready to take on the mortgage after the divorce. My husband is ready to give it up if I pay him compensation. But we have a child who, in the event of a divorce, will live with me. How does it affect the fact that I am raising our common child? Is there an option to pay less compensation than it would be without a child? Catherine

    As a rule, the presence of children does not affect the division of property between spouses. Regardless of who the child stays with, your share in the apartment is 50%. An exception is if you invested maternity capital in paying the mortgage, the child has a share in the apartment. In this case, the division will occur in different shares.