How to separate a mortgage apartment and outstanding loans in a divorce? Mutually beneficial options for dividing a mortgage loan in a divorce.

20.10.2019

The divorce process with the division of property and the determination of the place of residence of the child is complicated even without additional aspects. Mortgage in case of divorce of spouses with children becomes an additional problem.

Divorce and division of mortgage property in a mortgage: general provisions

Prosperous spouses who have an apartment in a mortgage do not even think about how to divide during a divorce. But when a conflict arises, this issue becomes acute. There are two urgent issues that need to be addressed:

in case of divorce;
who remains mortgaged property purchased with borrowed funds.

Low legal literacy and euphoria that accompanies years of happy living together play a cruel joke: it is very difficult to accurately determine the percentage invested in a mortgage purchase and the degree of participation in the repayment of a mortgage loan by each of the spouses. All investments are taken into account, including social benefits. How maternity capital can be used for a mortgage,.

A separate circumstance is the presence of minor children, whose interests are necessarily taken into account in real estate transactions in which the child is registered. Actions that worsen the living conditions of children can be qualified by the guardianship authorities as insufficient fulfillment of duties by parents. In this case, actions are provided up to the deprivation of parental rights and state custody of such a child.

The first thing to do for parents planning to carry out operations with mortgage-encumbered housing during a divorce is to discharge the child and provide him with alternative registration.

The fate of a mortgage issued before marriage during a divorce

Property and obligations under a loan issued before marriage are property that is not subject to division. This situation in the practice of divorce with children in the presence of a mortgage is the simplest. The court or mutual agreement of the parents determines the place of residence of the minor: this issue does not apply to the situation with the apartment. But the court, which is obliged to ensure the protection of the interests of children, may take into account the fact of the presence or absence of housing. What will be the decision on determining the place of residence, when a parent who has all the rights to an apartment in a mortgage enters into a dispute, and the second, who does not have his own housing and does not apply for it, will depend on many aspects.

How to avoid common problems

In order not to face negative situations associated with a mortgage apartment, it is strongly recommended to conclude a marriage contract in advance.

According to current legislation, this can be done not only before marriage, but also during the period of immediate family life.

For many people, however, this approach seems unacceptable from a moral point of view - only 5% of Russians use such an agreement.

A compromise alternative would be a mortgage agreement. It is issued with the help of a bank and can significantly reduce the risks of both the bank and the divorcing party. Although credit institutions are primarily interested in this, because for them it is a guarantee of payment in any case, even if one of the parties refuses to pay the mortgage. It is more beneficial for spouses before a divorce - after all, a mortgage agreement can make them co-borrowers on a loan and make the amount and conditions issued better.

Section of an apartment registered for co-borrowers

A married couple can be co-borrowers from the moment of execution of the mortgage agreement or from the date of marriage. In the latter case, the degree of participation in payments can be confirmed by an amendment to the contract or by retained payment receipts. The generally accepted opinion that by default property is divided into two equal parts is erroneous. With a peaceful settlement of the issue of how to get a divorce if the apartment is in a mortgage, the bank will consider the solvency of each of the applicants, taking into account the changed marital status and other adjustments in life circumstances. If it is necessary to divide by the court, the following are taken into account:

the presence of children;
the degree of participation in the repayment process of each;
solvency in general and the level of income.

The obligation to confirm the fact that one of the co-borrowers paid more or even completely repaid the debt rests with him.

Lawyers recommend that when conducting operations to pay monthly interest, be sure to keep all checks and documentary evidence of the sources of funds. Only in this case it is possible to prove to the court the right to claim a large part of the property in case of division, defined as jointly acquired, or to the corresponding amount of compensation in case of disproportionate division.

Credit obligations for the unpaid share are divided in proportion to the parts of the transferred property. The one who receives more is obliged to pay in the same amount.

The fate of the apartment and the loan can be decided by agreement of the parties or through the court:

An equivalent division of property, in which the fate of obligations to the bank is determined by its experts. An insolvent citizen may be relieved of the obligation to share the payment by the decision of the bank, but the second will be forced to pay the debts in full. Most difficult cases- a section of one-room apartments, in which shares will have to be determined before the restructuring of the contract.
Proportional division, in which a large share remains with the guardian of the children or with the parent who paid most of the loan burden.
Voluntary refusal to share meters from one of the parties. Together with the property, loan obligations also pass, which gives the bank the right to refuse such re-registration. If the study of the financial condition does not raise doubts about solvency and the contract is renewed, the second of the spouses, who invested money during their stay in marriage, may demand compensation. If it is not possible to resolve the issue voluntarily, the court issues instructions on how to divide the shares.
Selling an apartment simplifies the division. The proceeds are divided into shares for early repayment debt and balance. The second part of the spouses can be divided among themselves both by agreement and in court. The right to a specific share will also have to be documented.

Protecting the rights of children in a divorce situation with a mortgage

Transactions with real estate, listed as the place of registration of a minor, are closely monitored by state guardianship authorities. As a result of the transactions, he should not be left without housing, and living conditions after the division cannot be significantly worsened.

Before deciding how to sell a mortgage apartment during a divorce and divide the funds, you will have to write out the children and determine their new place of residence. Banking rules provide time for such transactions. When dividing the apartment itself, the parent with whom the child remains is also assigned a large part of the area with a proportional load in the form of interest on the loan.

If the rights of a minor to housing are violated, parents can be held liable: the relevant authorities will deal with the issue of deprivation of parental rights, determining the place of stay and appointing guardianship.

And their material, and, of course, jointly acquired property. But the crediting bank also has the rights to the real estate acquired in a mortgage. It can affect the outcome of a lawsuit that decides how a mortgage apartment is divided in a divorce.

For the division of an apartment on bail, you can do without a court. If the spouses and the bank came to a unanimous opinion in what shares to divide the property and debt on the loan, such an agreement can be formalized by a tripartite agreement. It must be certified by a notary (Article 38 of the Family Code). Divorcing spouses often decide to simply sell the apartment and share the money received after paying off the bank debt. In practice, such unanimity rarely occurs and the division of property occurs in the courts.

To which court and who should apply?

Any of the spouses can initiate the division of property. Then he becomes the plaintiff, and the other spouse the Respondent. The statement of claim must be submitted to the district court at the place of residence of the latter (if the registrations at the place of residence or stay of the spouses are different).

The lender can also file a claim for the division of the common property of the spouses in order to foreclose on the subject of collateral in case of problems with repayment of the loan.

How the court divides an apartment in a mortgage

Classically, two options are common:

One of the spouses becomes the sole owner of real estate and the payer under the loan agreement. At the same time, he must compensate the second spouse for half of the funds spent on the purchase and loan payments, unless he proves that this money was not jointly acquired. Compensation amounts are calculated based on the current market prices of real estate. If the spouses cannot agree on the amount of compensation, they are determined by the court.

Both spouses become owners of the apartment in the shares determined by the court. The loan debt is divided in proportion to the awarded shares in the property. In accordance with 39 Art. The family code judges proceed from the principle of equality of shares, but often the distribution takes place in other proportions. The reason for this may be various circumstances: the funds for the purchase were acquired by one of the spouses before marriage, donated or received from the sale of property acquired before marriage, one of the spouses had no income for disrespectful reasons or spent funds to the detriment of the interests of the family. Of course, in order to receive a share in the property more than required by law, it is necessary to prove the circumstances of importance and / or the bad faith of the opponent.

Does it matter to whom the purchase of real estate is registered?

No. An apartment acquired in marriage can be a common joint property or a sole proprietorship. When dividing property, it does not matter which of the spouses is the owner. Everything acquired during the marriage of each of the parties is common.

The exception is cases where there is a marriage contract.

What happens after a divorce with a loan?

Here we wrote in detail about the common debts of the spouses. The loan payment is divided in proportion to certain shares in the apartment. For the bank, everything remains the same, and for each of the payers, the exact procedure and amount of payments are determined.

How a mortgage apartment is divided during a divorce if there are children

Children have no rights to the property of divorcing parents. When dividing property, the interests of children are taken into account only if maternity capital was used to purchase housing. In this case, it is necessary to determine the share in the ownership of the children in accordance with the relevant notarial obligation.

However, the court may increase the share in the apartment for the spouse with whom the children remain to live (clause 2, article 39 of the RF IC). Manipulation of the interests of children for this purpose is common and should not lead to a disproportionate increase in the share of one of the spouses. It can be difficult to prove to the court the groundlessness of the requirements to increase the part of the apartment for the child to live.

If the loan is paid

To increase the share of ownership or compensation for an apartment for which the loan has already been paid, you can try to prove that the spouse had no income for unjustified reasons and the loan was paid by the other spouse. Apply testimonies, certificates from the place of work and other evidence of lack of earnings.

But it is always easier to prove that the funds for the down payment were donated, received through the sale of things purchased before marriage, or were kept in an open deposit before the wedding. In such and similar situations, the court willingly goes to a meeting and increases the share of the party to the dispute.

If the apartment was bought before the wedding on a mortgage by one of the spouses, and payments on the loan occurred, including after the marriage was registered

When a marriage is concluded, the second spouse, as it were, automatically becomes a payer on a loan taken before marriage, because the earnings of both parties are now jointly acquired property. Family budget is replenished by both spouses, even if the actual borrower continues to pay the loan. You can claim a share in the right to an apartment in proportion to the jointly paid part of the loan.

Judicial practice in cases of the division of real estate, especially those that are pledged, is ambiguous. There are simply no two identical cases of this kind. The judge's subjective assessment of the prevailing family circumstances plays an important role. Therefore, we do not give a 100% guarantee of a certain outcome of your case, but talk about several possible solutions and work out an individual position on each dispute.

Mortgage loans vary in duration. For those couple of decades that passes from the moment of applying to the bank until receiving a certificate of full repayment of the loan, anything can happen.

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But such an event as the divorce of a married couple is of particular importance for the bank. After all, at the same time, a division of property occurs, which may well turn out to be an apartment in a mortgage.

Legislation

Relations between spouses, including those relating to property, are regulated by the Family Code.

It says that everything that was bought during the years of marriage:

is the common property of both spouses;
during a divorce, it is divided in half, since the parts belonging to each of them are recognized as equal ().

The same applies to debt obligations.

An apartment purchased with a mortgage is also common property for the spouses. At the same time, it does not matter at all which of them acted as a borrower and from whose income payments are made.

If there is no marriage contract in which all rights are clearly spelled out, such housing will be given to the spouses in equal shares during the division. And each of them will have to repay their part of the remaining debt.

However, there is one nuance. It concerns the relationship of the spouses with the bank. And here there are two types of obligations: credit and collateral.

They are no longer regulated by family, but by civil law. More precisely, the provisions of the Civil Code on loans and pledges.

It is said that the consent of the creditor () must be obtained to change the debtor in the obligation.

That is, in order to share an apartment during a divorce, it is necessary to obtain the consent of the bank. Since the housing is pledged to him until the end of the repayment of the debt.

Bank actions

Banks are extremely negative about such a replacement of one debtor by two at once. And very rarely give consent to the division of debt obligations.

The reason is simple: instead of a whole apartment, in this case, the bank has two halves of it. Which have a significantly lower price and are much more difficult to sell if necessary.

To avoid such risks, banks attract a second spouse as a.

This is convenient for them because:

now the spouses are jointly and severally liable to the creditor;
You can demand repayment of the debt from any of the debtors.

And the bank is no longer interested in how they will resolve the issue between themselves.

Another plus from such a decision is the possibility of foreclosure on such an apartment:

when both spouses are borrowers, each of them has the same obligations to the bank;
may be levied on common property.

However, it is also possible that the bank initially issues a loan for only one of the spouses.

This happens if there is, where it says that:

all expenses are borne by only one family member;
he will own housing in the event of a divorce;
the second spouse does not owe anything to the bank, but he can no longer count on part of the apartment.

Mortgage apartment section

Features of the section of a mortgage apartment purchased with a bank loan depend on the following factors:

when exactly the apartment was purchased;
whether there is a prenuptial agreement that defines the rights of the spouses to her;
What is the source of the funds to pay off the debt?

Former spouses after divorce

If both spouses act as co-borrowers, and the apartment is recognized as belonging to them equally, then they are required to pay the entire amount of the debt jointly to the bank.

The bank may submit a claim for repayment of the monthly installment or the entire amount ahead of schedule to any of the spouses.

Such a condition may be included in the loan agreement. According to him, even if the marriage is dissolved, the terms of the loan will not be changed.

Former spouses will have to negotiate among themselves on their own.

With maternity capital

It is a grant received from the state. It belongs to the family member in whose name the certificate is issued. It is not common property, it is not divided during a divorce.

Buying a home with the involvement of maternity capital has a number of features:

when using mother capital to purchase housing, it becomes the shared property of the husband, wife and their children;
if the purchase is made in a mortgage, shares are allocated to children after its closing;
upon divorce, such an apartment will be divided according to the designated shares.

Bought before marriage

With the ownership of the apartment, which the spouse already owned before the wedding, everything is clear. The second cannot claim a part of it, even if he lived in it.

But when applying for a mortgage loan, the situation is somewhat different:

in marriage, repayment of a mortgage loan is already made from common property, that is, each of the spouses has the right to part of it;
therefore, in the event of a divorce, the non-owner spouse has the right to demand from the second either the return of his part of the invested funds, or a share in the apartment.

Solutions to the problem

There are several options for solving the problem with the division of property. The most convenient way is to draw up a marriage contract and have it certified by a notary.

This document will detail what property belongs to which of the spouses in the event of a divorce. And you don't have to share anything.

If there is no such agreement, then the spouses will either have to divide the property in kind, making two out of one dwelling, or seek another compromise.

Agreement

If a mortgaged home is private house, then it is likely that it will be possible to separate it in kind, that is:

equip it with two isolated apartments;
each of the apartments will have its own separate entrance and its own communications.

That is, each of the spouses will no longer own a share in the house, but an independent living space.

In such a situation, the bank can meet the former spouses halfway by dividing their debt and receiving two residential premises as collateral: one for each part of the loan. But this is a rather lengthy and costly process.

You can also divide the apartment, turning it into a communal one. But in this case, everyone should get an isolated room.

However, the bank rarely agrees to such a division, since the liquidity of the rooms is low. The bank does not want to receive such unreliable security.

If housing is not shared

Former spouses may not require the bank to divide their loan, but to conclude an agreement between themselves.

For example:

on the redemption by one of the spouses of his share from the second;
on the joint payment of contributions with the subsequent sale of the apartment released from the encumbrance and the division of the proceeds;
about the immediate sale of the apartment;

Through the court

If there is no valid marriage contract between the spouses, and they cannot reach an agreement on the issue of a mortgage, then for the division of property, one should apply to the district court:

a statement of claim is submitted, which is considered in civil proceedings;
the judge listens to the arguments of the parties, examines the documents and makes a decision.

Claim Form

A claim is filed in accordance with the requirements of the Code of Civil Procedure of the Russian Federation.

The statement of claim sets out the circumstances of the dispute. Namely:

when the apartment was purchased;
to whom the loan is issued;
from which funds the payments were made;
whether there is a marriage contract;
how, according to the applicant's opinion, the disputed property should be divided.

Solution

When making a decision, the court will take into account the interests of not only the spouses, but also a third party, that is, the bank. He is the mortgagee of the property and the creditor.

Therefore, his consent must be obtained for the division of the debt obligations of the spouses.

Arbitrage practice

Judicial practice of the division of mortgaged apartments shows that banks rarely agree to the division of the loan.

There is no reason for them to receive two debtors instead of one verified debtor, and instead of a whole apartment, which is easy to sell at auction, two halves, which, in case of non-repayment of the debt, will hang on the bank's balance sheet.

FAQ

Consider the questions that are often asked by divorcing spouses who have a mortgage loan.

The loan was repaid with the property of one and the spouses

If the loan was repaid at the expense of the property of one of the spouses, which is not subject to division, then such an apartment may not be divided in equal shares.

But the fact that most of the debt was paid by one of the spouses will have to be proved. For example, by presenting a contract for the sale of premarital property or inheritance.

Transfer all expenses and the apartment to his wife

The divorce process is always associated with legal problems that relate to the division of jointly acquired property.

If this property was also purchased with a mortgage, the situation becomes much more complicated..

Sometimes the division of mortgage obligations takes a lot of effort and time. That is why before you go to the registry office for divorce, you should study all the nuances of these obligations.

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Section of an apartment in a mortgage through the court: what documents are needed?

Often, former spouses cannot come to an elementary agreement on payments.

In this case, they should contact lawyers and the relevant courts. To confirm your rights to a mortgage apartment, you must provide a range of documents.

So, What papers will be needed to split the mortgage?

Everything bank documents for real estate.
Copies and originals identity documents former spouses.
Divorce certificate confirming the new status of borrowers.
Statement from the bank, indicating the degree of repayment of the mortgage loan.

These are the main documents that the former spouses will need. Mortgage debt is usually divided equally, if the two parties do not have any circumstances that change the judgment.

For example, if the couple has a child the decision of the court regarding the division of debts may change.

If a marriage contract was drawn up between the spouses, the appropriate decision of the courts is made taking into account the clauses of the marriage contract regarding mortgage debts.

Court practice: determination of shares of property

As a rule, in the division of mortgage debts occurs together with the determination of the share of property for every owner.

How is property divided in a divorce? Usually, an apartment or house is divided in half.

If the couple has a child, then the main guardian receives an additional share of the property (that is, 2/3 or more, depending on the number of children).

It is also possible that one of the owners will completely give up a share in real estate for a certain material compensation. The amount of such compensation and the nuances of refusing an apartment share can also be determined in court.

The main difficulties that arise when dividing an apartment

Certainly, division of joint property often occupy the minds of those who decide to divorce.

In case if the spouses' apartment is also taken on a mortgage, and liabilities to the bank are not fully repaid, the situation is further complicated.

What are the main problems that may arise in such a situation?

One spouse refuses to pay their share of the mortgage, as a result of which credit obligations will fall on only one owner.
The bank will not agree to the sale of a mortgage apartment, which will force spouses to make payments for real estate even after a divorce.
Due to the turmoil and problems of the divorce process, the couple will not pay mortgage payments, and the bank, in turn, will take the property for debts.
Compiled the agreement on joint payments for the apartment will be legally invalid.

There can be a lot of difficulties, and there is only one way out of them - go to court and defend your rights.

In the event that future spouses are not sure that they can live together until the end of their days, they should conclude a mutually beneficial marriage contract, in which all the nuances of the division of jointly acquired property will be noted. Such an agreement will significantly simplify the process of dividing mortgage obligations.

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

By the time of the official break in relations, many families had acquired children, property, and an apartment on a mortgage.

The problem is relevant enough. The division of a mortgage apartment during a divorce often raises many questions and disputes.. How to do this in 2019, we will understand further.

This word is "Divorce"!

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

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

If the mortgage was taken before marriage, then it is usually not difficult to solve. After the dissolution of the official marriage, the apartment will be given into the ownership of 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 must document that you participated in mortgage payments, made repairs for your own money.

But the same Family Code says that the other spouse has the right to a share in the apartment, because payments to pay off 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 will be the decision of the court depends on the evidence base (receipts, checks) and the level of experience of the lawyer.

Section of an apartment in a civil marriage

This is the easiest option.

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

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

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

Any property acquired during marriage is classified as jointly acquired.. 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, during a divorce, both spouses receive the same debt obligations to the bank.

If there are no other factors affecting how an apartment in a mortgage is divided during a divorce, the process occurs according to several scenarios:

Former spouses can enter into a property-sharing agreement in which they continue to pay the mortgage together until they pay it off in full. They both continue to be owners of the apartment. But the bank itself should be notified that a divorce process has taken place.
The second way is the most common. Former spouses want to renew the mortgage and choose to divide the apartment into equal shares and the mortgage debt equally. The bank is reluctant to make 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 requires you to pay off the debt to it in full if the spouses divorced.
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 the former spouses, the owners of the apartment.
Sometimes they meet when one of the spouses refuses 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, because the spouse who leaves the apartment may not be able to cope with payments alone due to low income.

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

He is not obliged to change the terms of the contract if the co-borrowers (part-time spouses) are in the process of divorce.

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

When buying an apartment on a mortgage during marriage, it is possible to use personal funds that have been in the bank account of 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 the sole owner of the home. The second is issued compensation in the amount of half of the paid mortgage loan for the period of marriage.

Factors Affecting the Process of Dividing a Mortgage Apartment

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

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

Mortgages in the case of a divorce of spouses with children are often divided in court. The presence of minor children affects the court decision on the division of an apartment in a mortgage.

The share more than that of the other spouse is received by the one with whom the children remain.

If the apartment ex-husband and the wife decided to sell (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 presence normal conditions child's life is not true.

Maternal capital- This is a state allowance for the mother 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 has been mentioned above. The maternity capital is issued to one of the spouses and cannot be divided upon divorce.

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

the apartment becomes the shared property of both spouses and their children;
shares for children are allocated after the repayment of the mortgage loan;
in the event of a divorce proceeding, the apartment will be divided into existing shares.

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

It is signed at any time before the dissolution of the marriage: before marriage, during the entire period of marriage, as well as before or after buying an apartment in a mortgage.

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

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

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

More often than not, this is due to poor credit history, the presence of several loans, the lack of official earnings.

In the marriage contract, it is necessary to indicate what is important for the bank as a third interested party: the second of the spouses waives all mortgage obligations and claims. The decision of the court in the presence of such an agreement will be in favor of the main borrower.

The peculiarity is that the owner of the mortgage loan and the apartment itself after the divorce remains the military man himself. 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 renew a mortgage, even if necessary, to divide an apartment purchased under a military mortgage.

There is another side to such a mortgage loan. military mortgage implies by itself that in case of non-payment for a mortgage, the responsibility lies entirely with the soldier himself. The wife, even the former, is exempt from such an obligation.

When deciding 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 renew a mortgage and how to get out of co-borrowers. Often banks refuse such a decision, because they do not want to take risks.

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

To the question of the spouses “Is it possible in this way to divide one-room apartment? only negative. And getting two separate loans from the bank instead of one for a one-room apartment will not work.

Here's some more legal advice:

You can exchange an apartment with several rooms for two. Their total cost will be equal to the amount that is offered for a mortgage apartment. But the exchange process can take a long time.

When there is a divorce procedure, spouses who have not agreed to pay the debt may allow incomplete repayment, delays in payments.

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

Often, when an apartment and a mortgage are divided 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 may ignore the loan payments and refer to the fact that he no longer lives.

How to protect yourself in this case? The second will have to pay part of it if he wants to prevent the sale of a share in the auction apartment at a lower cost.

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

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

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

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

If you can’t share or sell an apartment, and it’s impossible to live together, then you can go to temporary housing.

According to the law, it is impossible to rent out a mortgage apartment and extinguish a loan with its help, because there is no consent of a third party (bank). In practice, such apartments are successfully rented out.

To date, issues on the division of a mortgage apartment are more often resolved in court.

Judicial practice in such cases varies across the country, and court decisions in different regions countries can be very different.

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