Section of the loan after divorce in Ukraine

Features of the loan section after divorce

Being married, the spouses lead a common life, acquire various objects and objects that become joint property, according to Art. 60 of the Family Code of Ukraine.

Everything that was acquired during the period of common life, except for items and objects of personal use, is joint property. This also applies to debt obligations – loans.

In the event of divorce, joint property is subject to division between husband and wife, loans are no exception, they are also divided.

What are the types of loans taken during marriage?

During family life, loans can be taken for the following purposes:

  • personal;
  • family.

In the case of a division of property in a divorce, it is important to understand which loans were taken for family use, and which for personal purposes.

When making out the division of property and loans after a divorce, you should contact a good lawyer who specializes in family matters. A lawyer will help you to correctly and correctly separate loans and debt obligations.

What can be personal loans taken in a marriage?

Personal loans are those promissory notes that were spent by one of the spouses for personal purposes.

They are for:

  • payment of gambling debts (card games, casinos);
  • providing for the parents of one of the spouses;
  • payment of alimony to children from other marriages;
  • carrying out repairs in a private apartment.

What kind of “family” loans can be?

Family loans are promissory notes that have been received by a spouse or one of the spouses to be used for family purposes.

They are for:

  • purchase of household and computer equipment;
  • repairs in a shared apartment;
  • purchasing a car;
  • buying a shared apartment (mortgage);
  • repayment of general debts.

Are personal loans shared upon divorce?

Loans that one of the spouses took for personal purposes cannot be divided after a divorce. That is, a husband or wife who took out a loan during marriage for personal use, after registering a divorce, pay it themselves.

When registering the division of property, it is necessary to prove that the loan was taken for personal purposes by one of the spouses. If such evidence is provided, it will not be divided between the spouses.

How is the loan section going after a divorce?

Loans between spouses can be split in the following ways:

  • by agreement;
  • judicially.

In the case of the division of loans by agreement, the spouses do not go to court and decide on the payment of debt obligations among themselves.

In the event of disputes and disagreements, the former spouses file a statement of claim with the judicial authorities with a request for the division of loans.

To resolve the issue of the division of the loan between the spouses after a divorce, it must be proved through the court that the funds were borrowed for family purposes.

A good lawyer will help you with this, who will prepare the necessary documents and evidence and draw up the loan section.

In what parts is the loan divided between spouses in case of divorce?

According to the Family Code, joint property and loans are divided equally between spouses. That is, each of the married couple must pay half of the loan.

Moreover, if the property between the spouses is divided in other proportions, for example 60% and 40%, then the loans can be divided in the same parts.

It should be noted that the court may change the amount of part of the loan payments for one of the spouses if there are circumstances that are objective for this.

The amount of payments on loans in case of divorce can be reduced in the event of:

  • living of a common child with one of the spouses;
  • the second spouse has violated property rights;
  • the second spouse did not take part in the material maintenance of the children;
  • the second spouse spoiled common property.

Lawyer services for the division of a loan after a divorce

The division of loans between spouses after a divorce is a rather complex issue, the solution of which requires knowledge of family and civil law.

Our lawyers will help you:

  • study specifically your situation and the peculiarities of taking and paying off a loan;
  • determine and prove the purpose of taking a loan;
  • prepare documents for the section of loans;
  • arrange a section of loans taking into account your interests.

Frequently asked questions to a family lawyer

☝ CAN ANY CREDIT BE SPLITTED BETWEEN SPOUSES AFTER DIVORCE?
☝ WHAT SERVICES DOES THE ATTORNEY PROVIDE IN THE CREDIT SECTION?
☝ IS THE CREDIT ALWAYS SHARED BETWEEN HUSBAND AND WIFE DURING DIVORCE?

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  5. Section of the loan after divorce in Ukraine
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☝ CAN ANY CREDIT BE SPLITTED BETWEEN SPOUSES AFTER DIVORCE?
✅ No, after a divorce, only loans that are taken for family purposes can be divided; personal loans are not split between ex-spouses.
☝ WHAT SERVICES DOES THE ATTORNEY PROVIDE IN THE CREDIT SECTION?
✅ A lawyer will help you arrange a loan section after a divorce as soon as possible, taking into account all the circumstances of the case and your interests.
☝ IS THE CREDIT ALWAYS SHARED BETWEEN HUSBAND AND WIFE DURING DIVORCE?
✅ In most cases, yes, but in the presence of objective circumstances, parts of payments on debt obligations may be changed.