On crossing the debt and timeless values





23.10.2010 10:19
He and she lived not long and happy life. Just the life of two people married very young. Not so much by age (although at the time of her marriage barely passed eighteen), much in temperament.

More than this, of course, belonged to him, grew up in a good and wealthy family who had no idea how to make money, and who studied in graduate school at the behest of the heart, and her parents, before safely "arrived" in its prestigious university, and then gently dragged from course to course.

She too was quite happy and loved, but was somehow more serious and prepared for adult life. But this does not rectify the situation. They quickly realized that made a mistake. But by the time of enlightenment, one child has already grown legs and jerk in the crib and the other was preparing for the birth.

Given the circumstances, it was decided not to flog a fever, and collect debris, to establish what may develop, and try to grow some decent relationship on the ground that was available.

At first, something was getting. Father somehow suddenly became attached to the kids and began to show miracles dedication (he even started work to provide for his family that his character was just an extraordinary feat), and the mother was grateful to him and for the impact on children, and for the help. But nothing is more durable than the mutual affection of parents, they have failed. Why - God knows. They tried. Even went to a psychologist for a while. Did not help.

I must say that they were lucky not only with parental feelings, but also with an apartment in which they were immediately after the marriage. And the husband`s family and his wife`s family were surplus housing, which has been decided to merge into a unified whole for the benefit of young people. The result was a luxurious four-room apartment in a good area.

When with all the obvious, it became clear that the future life together her or him any joy and satisfaction will not bring, the time goes, accrues a lie, but father and mother to their children, they will not living with them, they decided to change a flat and get a divorce. And in that order. Apparently, because the habitation under the same roof was quite fed up, and the formalities, and she, and he is not particularly honored.

In parallel with the patrol`s husband started a business. The case, which he earned a living for themselves and family, even though it was profitable, but Dad`s. Somehow, this is the tipping point my husband opted for a complete deliverance from the chains, including the former relating to his loving and sverhtrepetnymi parents who are prepared to do anything to their son was comfortable and pleasant.

With no one talking, he took a large loan. As one of the guarantees on the loan stood their apartment with his wife. But, as the first all payments made to them accurately and on time, no credit organizations, nor anyone else was not interested in the apartment and change for her was quickly and successfully.

Her children went to two-bedroom, and he took kopeck piece in the new building. All had departed, and then parted ways officially received by a stamp in the passport, means complete freedom from each other. She continued to take care of children, develop a new place, slowly began to work, the benefit of her education, which she managed to get despite the pregnancy, childbirth and family troubles, allowed to work at home. And when he had to absent himself for service in the queue for seats with children lining up grandparents and father of little ones.

Generally, the father of little ones with the move did not relate to children colder. He came often and stayed a long time. Even more often and longer than she would have liked. His constant presence in the apartment leads her to think about his employment. Idea evolved disappointing. The impression that this person if and running, it is extremely small and irregular.

So it was, for a new business, started by him under the spur of the moment, burst, and the forces announce that the former wife or relatives were not. And it is in vain. If the collapse would have found out in time, perhaps no story and would not have happened. His father was rich enough that, just poskripev, to repay his son. But unluckily, not knowing the sons of difficulties, dad was at this point lent money to someone from the distant relatives. Besides seriously ill mother, and she was sent abroad to be treated in one of the expensive clinics. And treatment and rehabilitation should take no less than a year.

And this is where the sound of thunder. Creditors who have not received from the debtor any money or news, got on the trail, and soon realized that the property, under which credit was given, no longer exists. But there are two apartments. One (in a new building), the ownership of which has not yet issued, and another - the former property of his wife and two young children.

Since it was acquired in the period of marriage, according to the law, if properly turned, half the estate may be considered property of the debtor and described. This they have taken.

Questions to the lawyer:
How such an attitude toward property divorced wife is justified? Can I sue her half of the apartment, where her former husband oppose? What are the prospects for this situation? What would you recommend?

Comment lawyer Leo Ivanchenko:

There are several tactics protect their property in this situation:

1. By law, the lender issuing the loan to a borrower who is married, the mortgage is required to inquire about whether the spouse of the borrower agrees to the deal. If such consent is not obtained, a credit is impossible. If you violate this procedure, failure to notify a spouse should not be held jointly and severally liable for the loan. Collateral on the mortgage (a loan secured by real estate) is registered in the bodies of the Fed.

Lack of registration shall invalidate the contract of pledge. In this case, the sale of the apartment and the purchase of two others confirm that the pledge agreement, even if it was signed by the parties, it was not registered. I repeat: the pledge agreement is concluded with a moment of its registration. No registration - no collateral agreement.

2. To foreclose on real property acquired during marriage and during the period of the loan agreement entered into by one spouse, it is theoretically possible, but fraught with overcoming important limitations.

The first limitation: the absence of a spouse of the borrower alternative accommodation. Imperative (under any circumstances) can not be imposed on a unique collection of lodging any borrower, if there is a collateral agreement (and the like, we found none).

The second limitation: underage users apartment. The law protects their right to tenure, and the future owner of the apartment (or lender) must give them (children) of equivalent accommodation in use before reaching adulthood.

And finally, the third condition, without which the decision to recover would be illegal: the creditor must prove that there are grounds for the establishment of joint and several liability of the husband must prove that the spouse knew about the loan and mortgage.

In this situation it is obvious that violated the rights of the spouse of the borrower. He did not know about the loan, but compels it to meet the obligations that it is not harmonized. Active protection involves filing a counterclaim to the spouse of the borrower and the lending bank on the recognition of contracts null and void.
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Content tags: Property Housing Apartment
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