Division of credit after divorce - judicial practice. Division of credit in case of divorce. About me and Russian courts

The divorce process involves the mandatory implementation of several legal procedures. This includes establishing alimony obligations and determining debt obligations to creditors.

Debts during a divorce are divided in proportion to the property received, which in a standard situation is divided equally between husband and wife. Legal issues can be resolved through agreement or, if there are contradictions, through court. How to competently defend your rights without breaking the law will be explained in this article.

According to Article 39, Part 3, RF IC, loan obligations issued during marriage are considered joint and are subject to fulfillment by each spouse after the dissolution of the relationship. Meanwhile, in addition to the general obligations to repay loan funds, each of the borrowers may bear personal liability. Those that meet the following criteria are considered general:

  • the agreement is executed for both spouses who are joint borrowers;
  • the funds were taken by one person, but used for the needs of the family.

The first option is the most transparent and does not present any difficulties in collecting funds after. For example, a standard example is mortgage lending. The agreement with the bank is signed by both spouses; most often, the agreement specifies measures taken in the event of force majeure. The lender anticipates the situation with divorce and prescribes options for repaying borrowed funds.

The second situation has many nuances and controversial issues. For example, one of the spouses took out a loan, but the funds were used for the reconstruction not of common housing, but of the property owned by the borrower. Many such controversial situations may arise, so the court will need to provide all documentary evidence of the joint use of borrowed funds. The availability of targeted lending simplifies the judicial review procedure.

For example, one of the parties to the dispute took out a loan to purchase a tourist package for the whole family. If there is documentary evidence, the funds spent must be returned to the credit institution in equal shares by each spouse. It does not matter to whom the loan is issued. In such cases, the participant in the trial will need to indicate and confirm with documents for what family needs he took the loan.

A loan is recognized by the court as joint liability if:

  • both spouses participated in the conclusion of the contract;
  • the contract was executed for one, but the second spouse was aware of the existence of the loan;
  • the funds taken went to family needs and were used by both sides of the conflict.

If the lending was not targeted, then it is possible to prove that the money taken was used by both spouses under the following conditions:

  • the time difference between the execution of the loan agreement and the acquisition of family property is minimal;
  • total income is much less than the property acquired, which effectively justifies the use of a loan.

During a divorce, debts that are registered in the name of one of the spouses are not subject to division. if they are:

  • fines and penalties imposed administratively, for example;
  • loans issued before marriage registration;
  • funds raised for the reconstruction of personal property that is not subject to division.

Particular consideration is given to cases where one of the spouses took out a loan to repair or reconstruct property owned by the second participant in the process. For example, a husband took out a loan to repair his wife’s car, purchased before marriage. In the event of a divorce, he is obliged to continue to repay the loan, but the movable property cannot be divided. In judicial practice, such situations occur quite often; the debt will be divided in equal shares, but the car itself will remain with its rightful owner.

In court, facts of fraud may be revealed in relation to the second party to the dispute. For example, a spouse reports about a loan, but deliberately distorts its size, uses it for personal purposes, or otherwise infringes on the financial interests of the other half. This behavior can serve as a reason for unequal division of debt in a divorce or complete cancellation of the obligations of the deceived spouse.

The statement of the participant in the process about the existing facts of forgery must be supported by documentary arguments. For example, it can be extremely difficult to prove that a spouse took out a loan to purchase a car without the knowledge of a second family member.

Methods for dividing debt obligations

In a standard situation, when the property of those divorcing is divided equally, loan obligations are also subject to equal compensation. In case of a court decision determining a larger share of ownership of property, taking into account certain circumstances, the amount of debt is indicated in proportion to the allocated property. Commensurate amounts of financial obligations to creditors are established by the court according to the allocated shares of ownership.

For example, if by a court decision the mortgaged apartment remains in the use of the spouse and young children, then the responsibility for paying regular contributions falls on her.

You should know that when dividing mortgaged real estate, a representative of a third interested party, namely the bank, is involved in the process.

In the vast majority of cases, the bank opposes the reconstruction of an existing mortgage agreement, since the division of debt obligations into two independent clients significantly increases the risk of non-payment. Usually the bank takes the position that the property must be sold during the divorce and the mortgage agreement is terminated.

The procedure for determining debts during divorce

Since the law provides two options for dividing property and liabilities, spouses independently choose the acceptable option. By agreement of the interested parties or through a statement of claim to the court, the decision depends on the relationship and possible agreement.

In the event of a pre-trial resolution of the issue, divorcing citizens can independently divide the property and existing loans. Also, the rules can be dictated by a marriage contract, if there is one. The contract is a notarized legal document that regulates, among other things, property issues. possible before and during marriage. The joint agreement can be notarized if the parties wish.

An agreement can be concluded during the trial, without waiting for a court verdict. It should be remembered that material claims require mandatory payment of state duty, which sometimes amounts to a significant amount as a percentage of the cost of the claim.

If there are disputes and conflicts regarding the issue of further loan payments upon divorce, the decision is made by the court based on the statement of claim of one of the parties. The first issue that the court decides is to establish the fact that the loan was used for joint needs. A loan issued to one participant in the dispute, for an equal division of obligations, must be spent on common needs.

Particular difficulties in establishing the truth arise if the borrower used a credit card. There are often cases when it is not possible to prove the joint use of funds, there is no documentary evidence and the funds are recognized by the court as personal. Accordingly, the credit card owner will have to cover the obligations independently and in full.

To prove that the loan taken out during the marriage was used solely for personal purposes, the other party will need to provide evidence. For example, if the family has a car and purchases a second vehicle for the needs of the defendant. It is possible that the second car is used by the defendant to work and generate income.

In this case, the plaintiff’s claim becomes justified and further payments will fall on the user, while the credit car will remain in his possession. The court will make a decision on the ownership of the disputed movable property, but with the return of half of the repaid loan payments to the plaintiff.

If spouses have young children, the court is obliged to take into account their interests. When dividing property, a decision may be made on the residence of the spouse and children in the mortgaged apartment. In such a situation, obligations to reimburse regular payments are assigned in proportion to the premises determined by the court. If two-thirds are allocated for the possession of the wife and child, then the loan payments will be, accordingly, two-thirds of the total amount.

Enforcement proceedings for debt collection

After the judicial division of property and existing loan obligations, each party is obliged to repay regular installments on time. If a debt arises, the bank has the right to recover losses at the expense of the court determined when dividing movable and immovable property. If, after the assessment, seizure and sale of the debtor’s property, the debt is not repaid in full, then the recovery is applied to the personal property of the violator.

Litigation related to the division of debts under general obligations has many nuances. Difficulties in determining debt payments for each party are associated with a lack of evidence, the inability of participants to provide reasoned testimony, payment documents and evidence required by the court.

Fraudulent schemes in determining debts

An unscrupulous citizen during a divorce may try to make a fictitious loan in order to recover funds from the other party after the divorce. so that after a court order on equal payments for both parties, the defendant transfers half of the loan to the lender.

The defendant will need to convince the court that the joint debt receipt provided is false. Evidence may be a family relationship between the lender and the borrower, the impossibility of transferring funds due to the financial situation of the lender, or the financial situation of the family not requiring funds during the period under review.

As mentioned above, banks are reluctant to enter into two contracts instead of the existing one. When participating in the process, a bank employee will require a certificate of income for both participants and will offer to continue cooperation with the owner who is more solvent. In most cases, the apartment will have to be sold and the mortgage lender will have to pay off with the funds sold.

Debt separation procedure

After the court determines the joint property and debts to be divided, an appeal is made to a bank representative. The presence of the latter is mandatory, since the interests of the credit institution are affected. It is inappropriate to make a decision without a bank representative, since it may be challenged as unauthorized.

By dividing the debts between divorcing spouses, justice brings to their attention responsibility for late payments. You will have to answer for the loans not only with joint property, which came into possession by a court decision, but with your personal property, if there is a lack of funds. The desire of the participants in the procedure to draw up two independent credit agreements rarely meets with response and support from the bank. For re-registration, compelling reasons and provision to reduce risks must be presented.

Several meetings will be required to consider complex issues regarding the division of property and debts of former spouses. The positive verdict of the court largely depends on the competent and reasoned position of the interested participant in the meetings.

Division of spouses' debts

General information about the division of debts between spouses

Divorce involves the end of a joint union between a man and a woman, followed by the division of jointly acquired property and debts (you will find details about the procedure for divorce). At the same time, the legislator in Article 38 of the RF IC specifies that it is possible to divide debts during a divorce and after it.

However, not all debts are subject to division, but only those that are joint. Despite the fact that the legislator does not define what exactly refers to such, law enforcement practice proceeds from the fact that they include debt obligations:

  • in which both spouses act as borrowers (i.e., the spouses jointly entered into a loan agreement with a bank or a loan agreement with a lender and are co-borrowers) or about which both knew (i.e., the second spouse consented to the conclusion of the transaction);
  • which were executed by one of the spouses, if the funds were then used to purchase common property (for example, an apartment).

By default, the spouse's debt, which he has incurred on himself, is his personal until the contrary is proven. This presumption was established due to the fact that during a divorce, cases of one of the spouses announcing in court a loan that was allegedly spent on acquiring common property have become quite frequent. However, it is important to document that such a purchase actually took place and prove that the debt was received for joint needs.

How to divide debts during divorce

Depending on whether the spouses reach a consensus or not, there are two ways to divide debts:

  1. Voluntarily - by drawing up an agreement and approving it by a notary.
  2. In court - when spouses cannot distribute acquired property and debts voluntarily.

As a general rule, the debts of spouses are divided in half, except in cases where:

  • otherwise established by the agreement concluded between them;
  • one of them spent property to the detriment of the interests of the family or had no income without good reason;
  • there is a need to take into account the interests of minor children.

The procedure for dividing debts is as follows:

  1. An inventory of all existing debts is compiled with the remainder for the period of divorce.
  2. The spouses decide in what order they will divide the debts: they will agree and draw up an agreement or go to court.
  3. If we are talking about an agreement, it is certified by a notary and comes into force from that moment. If we are talking about the court, then the interested party files a claim (there may be counterclaims), after which the court makes a decision that is subject to mandatory execution by both spouses.

Spouses can not only divide debts during a divorce, but also agree on the procedure for repaying them. Here, for example, are options for dividing the debt for a mortgage:

Don't know your rights?

  1. One spouse buys out the other spouse's share of the property and continues to pay the mortgage.
  2. The couple sells the apartment and divides the amount remaining after paying off the debt in half.
  3. The spouses sign an agreement with the bank to divide the joint debt into two individual ones.

Division of debts after divorce - judicial practice

Review of judicial practice of the Supreme Court of the Russian Federation No. 1 for 2016 describes the following case: one of the spouses took out 2 loans and asked to divide them as jointly acquired property in marriage in equal shares. The courts of the first and second instance came to the conclusion that this is so, but the Supreme Court of the Russian Federation presented convincing arguments about the inconsistency of such a conclusion with the law.

From the circumstances of the case, it turned out that for the first loan, in 2011, the husband was the borrower, and a third party was the guarantor. A year later, the situation looked similar, but since 2012 the spouses have not maintained a joint household. Moreover, the wife claimed that the money from the first loan was not used for joint needs and she did not consent to any of the loans mentioned (she did not even know about the last one).

The legally significant circumstance in this case was the proof that the money went for general needs, and the one who insists on dividing the debts must prove this. The husband was unable to substantiate his point of view, and the court recognized that the debts were not subject to division.

As another example from judicial practice, one can cite the decision of the Ust-Abakansky District Court of the Republic of Khakassia dated January 25, 2016 in case No. 2-55/2016. The couple divorced, after which the wife filed a claim in court for the husband to repay part of the loan taken to her before the marriage was registered for the construction of the house in which they lived. The husband did not deny the fact of the loan, but did not want to share it.

The wife invited witnesses to the court:

  • the father, who stated that before the marriage the bank did not issue a loan to his daughter’s future husband and therefore, in order for the construction site to not stop, he had to take out a loan for it;
  • a foreman who heard a conversation about a loan and that it was used for the construction of a common house for the spouses.

As a result, the court came to the conclusion that there was nothing to divide, since:

  • firstly, the future spouse did not consent to the loan;
  • secondly, when the woman took out the loan, there was no agreement between them regarding the transfer of the house into joint property in the future.

Thus, it turns out that the loan in this case was the initiative of the wife alone, and therefore is not subject to division.

So, how debts are divided when spouses divorce depends on how these debts were formalized, for what purposes the received funds or property were used, and whether the debt can be classified as jointly acquired. The parties have the right to distribute debts both voluntarily (by concluding an agreement certified by a notary) and by going to court.

The wedding march has died down, gifts are opened, wedding photos are posted online. The pre-wedding turmoil is behind us and it’s time to think about arranging a family nest and buying common property. Unfortunately, many newlyweds do not have enough funds to buy furniture, appliances and many other necessary things. Credit is often the only option. Many people, while married, take out loans from banks. However, few people ask the question: are loans divided during a divorce and how are debt obligations distributed after the dissolution of an official marriage?

After divorce, payment obligations are divided

When a loan is issued to a spouse, this does not mean that the obligation to repay the debt will fall on the wife’s shoulders. That is, the spouse will not be able to refuse to repay the loan. It does not matter at all in whose name the loan was issued, and who directly pays the bank. Loan debts are divided, since the funds received by one of the spouses were spent on the needs of the family. They are considered joint property. This means that the loan is joint, and both spouses will have to pay the debts.

But the loan is not divided into equal parts if the property was divided unequally. Payments for each party are calculated in proportion to the property that each spouse received after the divorce. Peaceful agreements on the division of debts are extremely rare; most often, during the division of property and credit obligations, many disputes and disagreements arise between spouses. Not only a statement of claim for division of property is sent to the court, but also a claim for fair division of debts. A sample claim can be seen below.

Rules for dividing loan obligations

It often happens that during the divorce process, spouses simply forget that the wife or husband has a loan, because divorce is not an easy matter, especially psychologically. It's very easy to forget about him. Ultimately, after a divorce, one of the former spouses continues to single-handedly repay the loan and pays debts to the bank. That is why it is necessary to mention the loan before filing a claim in court or during the divorce process.

When a claim for divorce and division of property is filed (see sample claim below), debts must also be mentioned. After the court makes a decision on divorce, it will no longer be possible to re-apply in order to divide the credit during a divorce.

A sample claim for filing a lawsuit can be obtained at the court reception desk or on websites that provide legal advice. You can also find a sample statement of claim at the beginning and end of this article.

Joint debts

There is no need to fill out an application on your own using the sample claim for division of credit obligations. To do this, it is better to contact a lawyer who will help with drawing up a statement of claim and other documents. In general, a good lawyer can make the divorce procedure easier both physically and mentally. Indeed, for many people, not only the preparation and filing of a statement of claim, but also the very fact of going to court is difficult. If you feel confident to go through the thorny path of an official divorce on your own, then a sample claim will help you fill out an application to the court.

When is a loan considered joint?

Loans, like property, are not always considered jointly acquired. The loan is considered general under the following conditions:

  1. The loan was issued by mutual consent of both spouses.
  2. The funds received on credit were spent on the common needs of the spouses.
  3. One of the spouses was notified by the bank that the wife or husband had a loan.

When credit is not shared

It must be remembered that only those loans and credits that were issued during the marriage can be divided in court after a divorce. Even if the loan was received on the eve of the marriage registration, this loan is the sole responsibility of the person who executed the contract, and he will have to pay it. In this case, debts to the bank will not be divided. If the spouses intend to determine in advance their obligations for future family debts, then they should draw up a prenuptial agreement. This method has long been practiced in many countries around the world. A prenuptial agreement will allow spouses to avoid hassle in the event of a divorce, since it will be agreed in advance who will pay for possible loans in the future and fulfill obligations to the bank.

If loan obligations fall on one of the spouses, then by law all property that was purchased with loan funds goes to the use of the one who was involved in repaying the loan. But this applies only to material assets, since if the loan was issued for repair work and the purchase of building materials, then the person will not be able to feel the property value. The living space, if it was purchased with joint money, will most likely be divided in half.

Division of loan by consent of spouses

You don’t have to delay the divorce process and reach an agreement amicably. Spouses have the right to enter into an oral agreement on how they will divide and who will pay debts to the bank after the divorce is filed (either in half or one of them). It happens that the spouse takes on the obligation to repay the loan, despite the fact that the borrower is the wife. The loan can also be divided in half into equal parts. Everything is negotiated individually and, if desired, written down in the contract. There is no need to file a claim (statement of claim) in court.

Court loan section

It happens that one spouse took out a loan secretly, without informing the other half. In this case, the issue can only be resolved through court. To do this, a statement of claim is drawn up and attached to the general package of documents. Most often, loans that were issued secretly are not divided between spouses, since the second family member did not use the funds received. But, you will have to prove your non-involvement in the issued loan in order not to pay it.

In order to survive a divorce with minimal losses, you need to prepare for it in advance. Of course, happy families don’t think about divorce, but it’s worth being on the safe side. So as not to get on your nerves in the future and not think about who will pay the debt to the bank. A sample claim, contacts of a good lawyer and a marriage contract will help you get everything done quickly and without loss during a divorce.

How a bank prevents the risk of losses during divorce

A few newlyweds receive as a gift an apartment with ready-made renovations and furnishings. Most often, the newly-made husband does not even know where he will take his young wife after the wedding. Accumulate the required amount to buy a home or purchase a car, household appliances, etc. almost impossible, since it will take a lot of time. For those who do not want to wait and want to make their desires come true in a matter of minutes, they have the opportunity to apply for a loan from a bank, take out a mortgage or a car loan.

Today, every second person in our country is burdened with a loan, and sometimes more than one. But let’s return to the young family who took the plunge and received a loan from the bank to make their dreams come true. And now, the money has been received. You bought a long-awaited apartment with a mortgage or a car with a car loan, etc. The husband and wife regularly pay money to the bank and do not think about who will pay the loan in the event of divorce. When everything is peaceful in the family, no one even thinks about separation, much less a lawsuit. But banks, having extensive experience in dividing debts between their clients during divorce, managed to protect themselves from losses.

  1. Most banks require written consent from your spouse.
  2. They can call by phone and find out if the second family member agrees to a loan from the bank. All conversations are recorded and can serve as evidence in court if a claim is filed for division of debt obligations.
  3. Sometimes banks offer spouses to become guarantors or co-borrowers.

In our country, marriages break up very often, therefore, the issue of dividing loans is very acute and worries many people. Before deciding to divorce, it is necessary to resolve the issue of jointly acquired property and debts, take a sample statement of claim for this application, a form and familiarize yourself with the legislation. Only then can you begin to take decisive action and start a conversation with your significant other, trying to resolve the issue peacefully, without going to court.

Attention! Due to recent changes in legislation, the information in this article may be out of date. However, each situation is individual.

To resolve your issue, fill out the following form or call the numbers listed on the website, and our lawyers will advise you for free!

Divorce proceedings rarely proceed without division of acquired property. However, Russian legislation equalizes property rights and obligations, that is, jointly acquired debts during a divorce are also subject to division (Article 38 of the RF IC). But this legal norm does not guarantee that all credit debts and obligations of married partners will be divided between them. So how are debts divided in a divorce?

Which loan is subject to division?

The process is influenced by the intended purpose and use of loan funds, the time of loan processing and the presence of a marriage contract signed by the spouses.

In accordance with the RF IC, spouses can have personal property and joint property. Personal items include things for individual use, items received before marriage or during marriage, but as a result of a gratuitous transaction. Also, exclusive copyright income is not shared. Joint property is subject to division, which is carried out either according to the legislative standard - 50/50, or by agreement of the partners. Based on these criteria, the legislator established that the division of debts after a divorce is carried out in a similar manner. In order for the loan to be divided between spouses according to the norms of the RF IC, the following conditions must be met:

  1. The loan agreement was drawn up during the marriage.
  2. The loan funds were spent on family needs.
  3. There is the consent of the creditor to change the debtor under the agreement.

In relation to taking out a loan, the legislator has not introduced mandatory consent from the second spouse. Married partners are believed to act in each other's interests. Therefore, the question arises, are debts divided in a divorce if the other partner was not informed about the loan?

Judicial practice interprets the situation in such a way that if the funds were received during marriage and spent on joint needs, then even without the consent of the spouse to issue a loan, the debts of the spouses during a divorce can be divided.

How to split the loan?

Similarly, as with the division of property, the division of property during a divorce is carried out either by the spouses themselves on the basis of an agreement, or through the court. With regard to the contractual division, the partners are free to formalize the shares in the way they want. There are formally no legal restrictions, because the spouses voluntarily agree to the conditions specified in the contract. If a dispute subsequently arises, you will need to cancel (challenge in court) the division agreement and then make a new division. Spouses are free to decide on division. After a divorce, debts incurred during a marriage can be offset against the value of the transferred property. For example, transfer other property equal to the amount of debt to the person who will repay the mortgage for an apartment.

Judicial procedure for partition

In court, credit debts during a divorce are distributed according to the principle of proportionality to the shares of property received. That is, mortgage debts during a divorce will be divided in accordance with the equity ratio. If the mortgaged apartment is divided in ½ share between the spouses, then the debts to the bank during a divorce on the mortgage will be divided in the ratio of ½ share (Article 39 of the RF IC). However, the process will take into account each spouse's previous expenses in repaying the loan debt.

The statute of limitations also applies to how debts are divided in a divorce. If the division was not carried out simultaneously with the divorce process, then you can file a claim for the distribution of the loan afterwards. The law establishes a standard limitation period of three years (Article 38 of the RF IC). If contractual relationships with third parties are affected, the period is reduced to 1 year. There is no prohibition on collecting funds already paid by one of the partners to the bank. In this case, the second spouse, if he loses the dispute, will be obliged to pay his share of the debt to the plaintiff.

If there is a marriage contract

If a couple has a pre-nuptial agreement that specifies how property will be divided, including debt, that agreement will take precedence over how debts will be divided in a divorce. If both partners disagree, they have the right to amend the contract (if still married) or draw up a voluntary agreement. But if only one partner does not agree with the principle of division, then you will need to first challenge the contract in court.

When a creditor is against partition

The courts prefer not to affect the interests of third parties when dividing marital property. Changing the debtor in the loan agreement is impossible without the consent of the creditor - the bank. Banks are reluctant to split a mortgage agreement concluded with one of the partners and subsequently change it to two debtors. This increases the risks. The court cannot force the bank. But there are ways out of the situation:

  • initial execution of the contract for both spouses;
  • collection of the loan debt from the second partner.

The first method is often used in practice by banks themselves in relation to large loans, especially mortgage loans, because the duration of such an agreement can be longer than the duration of the marriage. With such an agreement, there are no difficulties with the question of how loan debts are divided during a divorce.

An alternative method, collecting part of the funds from the second spouse, is used by the courts when creditors refuse to make changes to the agreement. With this division, one spouse, for whom the loan is issued, pays the borrowed money in full, and the second pays his share to the first.

How to avoid paying your ex-spouse's loan?

Unfortunately, during a divorce, situations may arise with loans previously unknown to the spouse. Such loans were not always spent on family needs. But in order to reduce losses upon divorce, these debts can be declared as joint. The law does not oblige, for example, to pay husband's debts after divorce, if he spent the borrowed funds exclusively on himself.

The condition is that the debt applicant - the spouse - must prove that the loan is joint. The second partner, if he does not consider the debt to be common, is obliged to prove the opposite - the funds were spent on personal needs, countering the plaintiff’s evidence.

The rule obliging the partner who applies for the division of the spouses’ debts on a loan during a divorce to prove that the debt is joint, was introduced in April 2016 (Review of the practice of the Armed Forces of the Russian Federation dated April 13, 2016). If the plaintiff cannot substantiate his claims for the division of the loan debt, then he will be forced to repay the funds himself.

Section cost

Court proceedings regarding the division of property or debts of spouses are subject to payment. The fee is calculated based on the cost of the claim, which is equal to the amount of the stated claims.

For mortgage loan agreements, the duty will be:

13,200 rub. for 1,000,000 rub.

+

5,000 rub. for each subsequent million rubles.

Thus, when challenging a credit debt in the amount of 3 million rubles. the cost of the claim will be:

13,200 + 0.5% × 2,000,000 = 23,200 rub.

The fee is paid by the plaintiff before the start of legal proceedings. The law provides for the right to receive a deferment, but credit debt is not subject to additional assessment, so deferment is rarely granted.

If the partners have reached an understanding and formalized the division on their own, then the expenses of the spouses will be:

  • costs of drawing up the agreement;
  • contacting a notary;
  • registration expenses (if necessary).

The cost of an out-of-court (peaceful) settlement of an issue is often significantly lower than going to court.

Sue or negotiate?

Sometimes citizens mistakenly believe that if there is a lawsuit about the division of a loan agreement, then payments may not be made until the process is completed. This is wrong. The debtor’s obligations are not interrupted, and the creditor can apply penalties and even foreclose on the property if there is a significant delay in payments. Subsequently, when making a decision, the court may take into account previously made payments when distributing the amount of debt or oblige the other party to pay the money overpaid.

Participation in litigation is a costly and time-consuming activity. You will need to prepare for meetings, correctly draw up a claim, make correct motions, make demands or protest the opponent’s position. In most cases, the assistance of experienced lawyers will be required, and, possibly, their participation in court as a representative. If possible, it is better for spouses to agree on the division of property and debt outside of court.

Lawyer at the Legal Defense Board. He specializes in administrative and civil cases, compensation for damages from insurance companies, consumer protection, as well as cases related to the illegal demolition of shells and garages.

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