How to transfer a share in a mortgaged apartment to your wife?

The popularity of loans has created an unpleasant situation. The solvency of the population is low and banks often refuse registration. But what if we are talking about getting housing? But there is a way out. Citizens often attract relatives and friends to get favorable conditions, and sometimes to get a loan . But sometimes circumstances develop in such a way that bank clients face a new question. How to get rid of co-borrowers on a mortgage?

How do banks view such a refusal? What reasons exist? How do the terms of the mortgage change if one of the clients refuses to pay? We will consider these and other questions in this article.

Rights and obligations

In such a matter as buying a home, there is not always enough finance. Especially if you want to buy expensive real estate. In this case, they resort to the services of a co-borrower. This is one or more people who, along with the future owner of the property, fulfill obligations to the bank.

Currently, they are subject to the same stringent requirements as major clients. More on the requirements for a guarantor a little later. Let’s assume that a citizen does not have enough money for a purchase or he clearly understands that he does not have the ability to consistently fulfill his obligations under the contract. There are several options for events:

1. At the same time, take out a loan from another bank, although this will hit your pocket even harder. In general, you can look for acceptable interest rates, since there are many offers on the market.
2. Pay attention to cheaper housing. For example, a two-room apartment in the same area, instead of a three-room one. Re-examine the market for other offers. Perhaps a little worse, but it will not have such an impact on your financial well-being.
3. Take part in government programs that will significantly facilitate the purchase of real estate. There are options where the interest rate is minimal (up to 6%) or a situation where the first installment can be repaid with maternity capital. There are enough offers. You just need to choose the best one in a particular situation.
4. Find a co-borrower. This could be a spouse, relative, friend, good acquaintance. The main disadvantage is the search for a reliable, and most importantly, solvent citizen.

One client can attract up to four people as co-borrowers.

But it is worth considering a number of nuances. Firstly , the bank will approve a loan only if the citizen really does not have enough funds, and his loan history is strictly positive. A financial institution should not doubt the client’s solvency.

Secondly , the co-borrower signs a mortgage agreement and agrees to pay a monthly installment. In some cases, he becomes a co-owner of the property. In such a situation, it is advisable to involve relatives so as not to waste time and money on litigation.

Thirdly , if for any reason the main borrower refused to pay the loan, then all payments fall on the shoulders of his guarantors. Penalties and fines included. To avoid getting into a similar situation, you should discuss this before signing.

For example, the main borrower loses the rights to an apartment if he refuses to pay. The point is that there could be absolutely any reason. Starting from the fact that the main borrower changed his mind about buying real estate to unforeseen circumstances - loss of job, temporary legal capacity, etc.

ATTENTION! The trustee can refuse a share in the apartment, but this does not relieve him of contractual obligations. You will still have to make a monthly payment. In some cases, even if the spouses have divorced.

Features of obtaining a bank loan without a co-borrower

When planning to buy an apartment or a house on a long-term loan, you need to have not only the desire, but also certain capabilities and insurance in case of unforeseen circumstances. A loved one with whom you are officially married can become such a reliable shoulder.

Financial institutions that provide their funds to clients and seek to minimize the risk of non-repayment of money argue in approximately the same way. Therefore, it is rare that a bank will agree to give a mortgage without a co-borrower’s wife or her husband, aware of the fact that his chances of collecting the probable debt are significantly reduced. Moreover, it is impossible to carry out such an operation without the knowledge of the second family member. But there are three options to solve this problem.

1. Availability of a notarized permission to purchase housing on credit by the second spouse, indicating his personal data, information about the object and the text of the consent itself with a signature. This document will also be needed when obtaining ownership rights, and the apartment or house itself will be considered jointly owned.
2. A prenuptial agreement, which can be concluded before the wedding and after at any time, is another way to realize your plans. Such an agreement makes it possible to establish the ownership rights of the husband and wife to certain objects, indicate the share of each in acquisitions, and establish the procedure for disposing of any property. When applying to a bank to obtain a mortgage without a co-borrower husband or wife, you must present the DB to draw up a loan agreement.
3. Divorce is the only way out if you need to get a loan for housing without the consent of your missus.

Having relieved your other half of the burden of loan payments, remember that you will get another problem - without a co-borrower, financial “supermarkets” are reluctant to provide funds in the long term.

Requirements

Every year they get tougher. Although some financial organizations are quite loyal to applicants . For example, Sberbank allows you to attract citizens practically from the street. This, of course, will not spare the applicant from a thorough check of financial suitability.

Let's move on to the main requirements. They are also relevant for the main borrower and his guarantors:

• Work experience. In the last position, at least 6 months of official employment. In general, the total experience must be at least one year. The requirements are relevant both for one borrower and for a group.
• Citizenship . The co-borrower must not only reside permanently, but also have registration in Russia.
• Solvency. An important point. If the monthly payment leads to the fact that the income of the joint co-borrower becomes below the subsistence level, the bank will refuse the application. Let us remind you that the minimum wage in 2020 is 11,280 rubles (changes slightly in some regions).
• Positive credit history. Banks may make a request to other financial institutions. In addition, credit histories are collected into a single database, which is easy for employees to access. In a few clicks, he will check the information and make a verdict. Very rarely there are system failures and the history may be deleted. You should not count on such an outcome, because... backups exist.
• Age. Gender is not important for the applicant. The lower age limit is 21 years. Upper - 55 years old. By the way, it is established at the legislative level that pensioners cannot be co-borrowers, even with a good income. This is directly related to age and, in general, justified. As a rule, a mortgage is taken out for a long term, and in the event of the death of a co-borrower, the financial burden is distributed to the others.

What is interesting is that some banks do not check the solvency of the main client. Hence the intermediate result: the more co-borrowers, the greater the likelihood of getting a mortgage. Of course, the better their credit history, the more willingly the bank will approve the loan.

How to get a mortgage for an apartment during marriage so that the spouse does not have rights to it?

I'm married. I want to take out a mortgage for an apartment, but in such a way that my husband does not have any rights to it.

(we have a 3 year old child). August 20, 2020, 12:45, question No. 947504 TATYANA,

Dmitriev-Lgovsky

,

Collapse Online legal consultation Response on the website within 15 minutes Answers from lawyers (2) 86 answers 32 reviews Chat Kuznetsova Irina Privat - Lawyer, Sergiev Posad

1. 86responses
2. 32 reviews

Good afternoon Tatyana, you can take out a mortgage, acting as one borrower, without taking co-borrowers or guarantors, register the apartment in your name, and then if your husband is not registered there, you will be the sole owner of this apartment, even if there is a divorce, apartment will remain with you.

If you need advice on banks and conditions, you can contact us and we will be ready to help you. 20 August 2015,

Documentation

The citizen contacts the nearest bank branch. If a co-borrower is involved, he is also required to be present in person. The documents required by financial institutions vary somewhat depending on the situation:

1. Identity document. Original. If necessary, a copy will be taken directly at the bank.
2. Application for a mortgage loan.
3. Work record book, including a certificate of income from the accounting department.
4. Certificate of higher/secondary/school education.
5. Real estate documents. You can get it from the construction company.
6. A document that confirms registration at the place of actual residence.

About SBERBANK

MEDIA NEWS ABOUT US February 28, 2020 Mortgage is an extremely family event. Elementary common sense suggests that it is easier to decide on long-term financial “bondage” when there is a person nearby who has vowed to be with you “through thick and thin.”

Statistics from real estate companies confirm: about 70% of mortgage holders are married people. And of the remaining 30%, approximately half are in long-term relationships. Those. also kind of like being married, only without a stamp in the “civilian” passport. What options do the law and market realities provide for potential mortgage borrowers? Sob.ru looked into this issue.

The most common option is that spouses taking out a mortgage become co-borrowers. According to statistics, this happens in 95% of cases (not all mortgage holders in general are taken as 100%, but only married ones).

Moreover, if you, being married, come to a bank or real estate agency and ask to get a mortgage for you, they will prepare documents for you exactly according to this scheme.

Differences from a guarantor

In this article we operate with both concepts, but they are not equivalent. Let us determine the main differences in responsibilities and rights for both categories of citizens.

The guarantor is the guarantor of the client’s solvency, and the co-borrower is obliged to fulfill all the conditions under the agreement on an equal basis with others . He has the right to count on a share in the real estate. In addition, the bank will ask you to take out additional insurance for your mortgage loan.

When the bank determines the maximum amount of funds, it does not take into account the income of the guarantor. Payments from the latter are received only by court decision, when the main borrower and/or co-borrowers have stopped making payments.

ATTENTION! Ultimately, a guarantor will only be contacted as a last resort. Co-borrowers will fulfill their obligations in any case. In addition to physical bankruptcy.

What to do with a mortgage during a divorce: legal regulation

In the case where the apartment is mortgaged, it is necessary to be guided not only by the special law on mortgage lending, but also by the norms of the Civil Code (Civil Code of the Russian Federation) and Family Code (IC RF).

So, according to Art. 42 of the RF IC, the marriage contract stipulates the property regime of the spouses, determining which property will be common and which personal after the end of the relationship. By the way, when a contract is concluded after registration of a mortgage, this is stated in accordance with Art. 46 the bank must be notified.

In turn, the mortgage law No. 102-FZ contains many nuances. They, in particular, relate to the procedure for execution, the content of the agreement itself, as well as the mortgage. The provisions of this regulatory document indicate that re-issuance of a mortgage is permitted with the consent of the bank. In this case, the procedure itself can be specified in the main agreement.

Finally, it would be useful to cite Part 2 of Art. 391 Civil Code of the Russian Federation. It states that changing the debtor is allowed only with the consent of the creditor. In any case, special attention must be paid to a thorough study of the clauses of the mortgage agreement, and preferably together with a lawyer.

Taking out a mortgage loan by spouses

Many citizens are interested in whether it is possible to refuse a mortgage after a divorce? Let's turn to the current legislation. The Family Code says the following: if one spouse takes out a loan, then the second automatically becomes a co-borrower . The living space is shared by two.

Let's assume that a mortgage was taken out and the couple divorced. The husband/wife will be required to repay the loan jointly. Regardless of who initiated it. It’s another matter when the loan was taken out before marriage. Then all debt obligations will remain with the borrower.

IMPORTANT! An alternative way is to draw up a marriage contract, which will describe all the rights and obligations of the spouses, including credit obligations.

Let's consider possible scenarios:

• After a divorce, spouses continue to comply with their obligations to the bank . The option is rare, but the most favorable for both parties.
• One of the co-borrowers contacts the bank. Submits an application for debt transfer. The consent of the second spouse is required. If the bank agrees, then the debt obligations are removed. A new monthly payment schedule is established. The mortgage is paid by one of the spouses.
• Go to court to divide property and distribute mortgage debts . Various circumstances will be taken into account. For example, having children. At best, the spouses will pay the debt in half.
• Pay off the debt early, then sell the apartment or house. The property cannot be sold until the loan is paid off. It is possible to find a buyer who will assume all debt obligations, but this option is unlikely
• Stop payments completely. Wait for the auction. After the sale, part of the debt will be used to pay off the debt.

Who is a co-borrower

A co-borrower on a home loan is a person who shares an equal share of the burden of the borrower's debt to the financial institution and has a shared ownership of the square meters being paid for. Married couples become parties to the contract by default unless:

• the opposite is not provided for in the marriage contract;
• the husband/wife is a citizen of another state.

This immutable truth is true both for all Russian citizens and for people living in Chelyabinsk. But what to do if a couple wants to get a bank loan for real estate for one person without involving a second family member? The motives may be quite understandable:

• desire for financial independence and security in case of separation;
• the other half has no confirmed income;
• the husband or wife already has a loan, or several;
• bad credit history.

We’ll talk further about whether a mortgage is possible without a co-borrower – a spouse.

How to get a mortgage without a co-borrower husband

As a result, the scheme with a guarantor turns out to be quite cumbersome, and in reality it is not used by married borrowers.

In this case, one of the spouses takes out the mortgage on their own, and the other is completely excluded from the process.

In mortgage requirements without guarantors, banks 29 often declare the presence of not only guarantors, but also co-borrowers. These concepts are identical in terms of responsibility for repaying the mortgage.

Before taking out a mortgage, it is recommended to calculate the amount of monthly payments; this can be done on the bank’s official website using an online calculator

But today the situation has changed radically and guarantors for a loan, especially a mortgage, are not only difficult to find, but practically impossible. This is where many banks developed a program - a mortgage without a down payment from guarantors, which allows you not to lose an attractive market. Of course, in return for the guarantee, banks tightened the terms of the loan, increasing the interest rate, requirements for documents of borrowers and the housing itself.

Today, the most popular mortgage without a guarantor is Sberbank, according to which the borrower can receive:

• Amount from 1 to 3.5 million rubles;
• Interest rate 12.00% per annum;
• The loan term is 15 years.

As we noted earlier, under one loan agreement for the purchase of real estate, up to four people can simultaneously act as co-borrowers, and in rare cases, up to five people. Most often, people ask their spouses, parents, or more distant relatives to share the mortgage burden with them.

A fundamentally important point is that co-borrowers will have “everything in half”. They will equally have to confirm their income, take out insurance, and repay the loan together. And - after the happy conclusion of the whole epic - they will become full co-owners of the apartment.

Several people can act as co-borrowers on a mortgage loan, but no more than four under one loan agreement.

When making a decision to purchase real estate under a mortgage loan agreement, spouses, if they do not have a marriage agreement, automatically find themselves in the position of co-borrowers, because

It is possible to replace the co-borrower with a solvent debtor. This will require the bank's consent. Lawyers recommend carefully assessing all risks before acting as such a participant in a mortgage. What if he doesn't pay? The consequences depend on the number of co-borrowers.