Mortgages for young people: do not forget to sign the marriage contract!





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15.09.2010 06:20
Articles about real estate | Mortgages for young people: do not forget to sign the marriage contract! Statistics of our time is relentless - up to 50% of households falls, did not survive his decade. A mortgage loan young family takes over a longer period. How can that be? How to protect their property rights and to preserve what already exists? Output - the marriage contract at closing on the mortgage. The marriage contract - is a very serious document that has legal force, whose purpose - to regulate the property relations between spouses, and, above all, questions of ownership and inheritance of property. Banks welcomed the presence of such a treaty because of a contract always clear who is the person who will assume primary liability on the loan, including, in the case of a possible divorce. Although each family is unhappy in its own way, property disputes are typical, and many of them have gained positive experience of the solution.
1.Soglasno Family Code, all property acquired after marriage is a matrimonial property unless otherwise specified. For example, bought immediately after the marriage apartment. Although the money for a down payment could be collected and donated to the parents of one of the parties. In this case, a marriage contract can stipulate that the parties belong to unequal shares, for example, the wife 60%, and her husband - 40%.
2.Drugaya common situation - where youth live with their parents and money to buy a separate housing is not enough. Then the decision to sell an existing apartment, take credit for the missing amount and buy a new one. And although such housing belongs not only to, for example, a young wife and her parents, legal arrangements are such that the new apartment will be owned by only a young couple. It's unfair, but the reality is that mortgages are rarely issued to people over 45-50 years, and the legitimate owners, thus losing their right to housing. If the credit will be issued only to his wife, "the nose" may remain a husband who pays the loan along with his wife, but no property rights in this case does not matter. In this case it is better to proceed as follows. Wife draws credit for themselves, that is becoming a major borrower. Parents act as depositors and have their share in buying an apartment (usually a "lion" as a down payment equal to the value of the sold apartments and up to 70% of the cost of new). Finally, the husband becomes a co-borrower, and its share as prescribed and protected in the contract. In addition, for it specifies the size of financial compensation, if the family boat crash. 3. It often happens that the family split up and one of the former spouses, still qualify for a mortgage real estate begins to "run" from its obligations under the loan repayment. Then, left alone a borrower can easily apply to him in court for the division of debt and begin making money only for himself. But this will need the consent of both parties. If no such agreement, is another way - to accumulate debts of his "former", be sure to note in the bank that the loan pay off is you, and then submit it to the courts to recover debts. A debt can be recovered, including a fully flat in transferring your property. Marriage contract, which clearly defines the rights and obligations of the parties, has always taken into account by the court. That allows us to look to family and property relations even in the capitalist, but with optimism.
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Content tags: Mortgages
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