Credit and divorce – How to divide debts after divorce in Ukraine
In the article “Loan and Divorce – How to divide debts after divorce” I will tell you about how to share credit obligations during divorce and how to protect yourself so as not to pay off the debts of the other spouse in the future.
Be sure to read the article “Loan and Divorce – How to share debts after divorce” on the web-site advokat-family.com.ua to the end and learn a lot of interesting things about how spouses share debts after a divorce.
Be sure to subscribe to my YouTube channel to get legal advice
How to split debts in case of divorce in Ukraine
Let’s start by looking at the conditions under which debts can be split upon divorce.
In fact, there are a number of signs by which, in fact, it is determined whether it is necessary to divide the loan or not.
- First, you should find out if the loan agreement was in the period of marriage.
If the loan agreement was drawn up before marriage, then, accordingly, the one of the spouses who took out the loan will have to answer under the agreement, regardless of whether the loan was taken to buy housing for the spouses to live together or not.
- Secondly, you should find out whether the loan was taken in the interests of the family.
Actually, the key criterion for determining whether loans will be divided upon divorce is the interests of the family.
For example, a wife took out a mortgage to buy an apartment used for family living together, therefore, such property is subject to division and, accordingly, the mortgage is also divided between the spouses.
However, if the funds were received by one of the spouses to meet their own needs, for example, a person took out a loan in order to buy a car for himself, and after the dissolution of the marriage continued to use this car, then, accordingly, the loan obligations are to be paid by that person. who took out a loan, and not jointly with his wife.
- Thirdly, it should be determined whether the loan was used in the interests of the family.
For example, if a person took out a loan for the construction of a residential building, but used this money as an investment in a business that was created even before marriage, then after the dissolution of the marriage, he will have both the business and the funds that he invested in the business.
Because, as we can see, the loan was used not in the interests of the family, but for their own needs.
Accordingly, this loan will not be split between the spouses.
Loans not subject to division upon divorce in Ukraine
It is worth paying attention to the fact that debts that were inherited are not subject to division, that is, loans taken before marriage, which are associated with the privatization of land or real estate, as well as loans that were taken in marriage, but were not used in the interests families.
Therefore, if one of the spouses took a loan in the interests of the family, then, accordingly, it must be divided in equal shares 50 to 50.
How to protect yourself from the division of debts in the future, I will tell you further.
A marriage contract as a means of protecting the property rights of spouses in Ukraine
So, at the joint application of the spouses, it is possible to conclude a marriage contract with each other.
In this prenuptial agreement, you can provide for all the points on loan obligations.
For example, the spouses took out a loan to educate their wife. After the divorce, the wife was still studying. Subsequently, they separated, but the wife continues her studies. Accordingly, it can be assumed that such a loan should be paid by the wife.
Among other clauses of a marriage contract, you can specify, for example, the procedure for using funds. You can also determine to whom the loan will be transferred after divorce, and so on.
Consulting a professional divorce lawyer is a guarantee of your success. Contact the lawyers of our company in any way convenient for you – call or write to messengers. We will help you resolve your issue quickly and efficiently.
If you have a need for consultation or paid services of a lawyer, then use the messengers listed in the contacts section.
If you have any questions, then write them to us by e-mail skriabinadvokat@gmail.com and I will definitely answer you.
If the article “Credit and Divorce – How to Share Debts after Divorce” was useful to you and you found answers to your questions, then like this article, subscribe to my YouTube channel, share with your friends, press the bell so as not to miss new videos.
Useful site materials advokat-family.com.ua:
- Establishment of the regime of separate residence of spouses
- Divorce court fee
- Choosing a surname after divorce
- Surnames of husband and wife after divorce
- Persons who cannot be married to each other
- Recognition of divorce as fictitious
- The moment of termination of a marriage in the event of its dissolution
- Termination of marriage due to its dissolution
- Grounds for divorce through the court