The spouses came to an agreement that the wife would stay in the mortgaged apartment, and the husband would move out. He did not want to pay the mortgage any more, and together they decided to transfer it to the wife. But this option may not suit the bank: it issued a large sum to two co-borrowers, a married couple. Its risks were significantly lower than when issuing the same amount to one borrower who was not married. This conflict is being resolved in court.
In a marriage with children, the real estate issue is usually decided in favor of the parent who has more custody rights. If the children remain with the mother in a mortgaged home, the wife gets a larger share. A court decision may oblige the father to make 50% of the mortgage payments in addition to alimony.
A marriage contract works well in property matters, but in credit practice its application is difficult. This is due to the fact that there is another party in lending - the bank.
A prenuptial agreement may spell out very detailed terms of hungary mobile database division, but if the bank did not read it when issuing the loan, it may refuse to fulfill them. For example: according to a prenuptial agreement, all mortgage obligations are transferred to the husband, and the wife continues to live in the mortgaged apartment. This suits both, but the bank's risks increase significantly.
If you show such an agreement to the bank at the stage of mortgage registration, it may refuse or offer a high interest rate to cover its own risks.
Special cases
One spouse took out a loan before the wedding
Typically, only loans received during the marriage are divided, but there are exceptions to the rule.
Let's give an example:
The wife got a credit card before the marriage, but used it until the divorce. The husband made frequent payments. He can try to recover part of the money spent if he can prove that he participated in paying off the debt and can also verify the amounts.