According to statistics, one in five young couple lives in Moscow in a civil marriage. During cohabitation couples usually cashing any joint property. Sometimes it comes and to purchase the apartment - including with a mortgage loan. What problems can occur in people who are in a civil union, says lawyer of "Reskor" Ekaterina Guseva:
- If at the beginning of the mortgage banks flatly refused to provide loans to citizens, not to formalize their relationship in the registry office, but now the issues usually arise: Most lending institutions are willing to give a loan to unofficial spouses.
By law, the fact of cohabitation does not produce legal effects. However, maintaining a common household and joint costs (including mortgage), in fact, almost identical to family relationships. The only "but": the costs of each of the parties should be documented. It should be borne in mind that the Family Code of the Russian Federation establishes the rule that the joint property of spouses arise only after the official registration of marriage. In the case of cohabitants to apply the rule of dividing the spouses' common property, which belonged to a house purchased by one of them under a contract of mortgage, you can not.
Typically, a mortgage requires such important things as the initial payment, confirmation of high salaries, which will pay off the loan, and the presence of a reserve fund in case of force majeure. Naturally, for the family to cope with these risks better than alone. And if one of the spouses will have problems with work or other income, and the second will be able to insure them both. In general, a joint mortgage profitable even that banks are willing to give a loan pair, as well as approve a loan for a larger amount, because mortgages are considered incomes of all co-borrowers. Therefore, we always recommend to make out an apartment in the property of each of civilian spouses in equal shares (or other parts), as well as to act co-borrowers on the mortgage loan. Because one of the civilian spouse may be left with nothing if the loan was issued thoughtlessly.
In addition, the civilian spouse may independently determine which share in the mortgage object property will belong to each of them, which means that this credit program will be more flexible.
So much for the advantages of registration for mortgage cohabiting persons. And what are the risks?
The main danger - a high probability of rupture otnosheniy.V our country breaks at least every second marriage, and this percentage is even higher among civil unions. And because of this, you ask? And the fact that when you make a loan to one of his civilian spouses and the property will remain, and the second will go with anything and everything will not be able to claim. You can certainly try to prove his involvement in the payment of credit through the courts, but it will need strong evidence that is not always so easy to get, especially after the fact. Also remember that cohabitants are not heirs, if not mentioned in the will.
Summarize. A couple living in a civil marriage, must draw up a mortgage only for two, unless, of course, no one wants to risk losing their share. Only need to think together with the bank a mechanism that will bring about the "civilized" divorce - that is, as will be distributed mortgage payments and property itself between former cohabitants in the event of a breakup.
But even better is to think carefully before deciding on a mortgage with those in whom not sure (a). After living in a civil marriage usually means until we are together, and we'll see. So is it worth the risk and enter into long-term relationships with those with whom you are not willing to spend the rest of life?
Under current law, the concept of "common-law husband" does not exist. In the event of separation you will be virtually impossible to get anything as housing rights are issued to people who legally do not have any relation to you, then there is a roommate or his mother.
So it is better to design a mortgage register a marriage or civil husband to sign a loan agreement for a specified amount of your participation in the payment of the initial contribution. A participation in a loan payment may be provided by the contract. Can insure and execution of payments. Make money on their own behalf to repay the loan. Unless, of course, under the agreement with the bank provides such a method of making. If not, you will need to transfer money from his account to the account of her husband, and he will have to pay the bank.
protection method in the future - an action on the loan at the amount of the loan, and payments on a claim of unjust enrichment. But note that the limitation period only three years, and the mortgage loan term, usually from 7 to 15 years. So it is better all the same marriage.