22.10.2019

The former husband threw me with debts. What if the ex-husband has a loan debt? We live on a removable apartment. Enough only for school and food


Such a situation is common. Husband takes a loan and after the divorce does not fulfill financial obligations. The bank or collectors pay the recovery on the ex-ex-wife, in order to obtain a debt. People not knowing legal rights, frighten and start to pay for someone else's accounts.

If in the contract concluded, the spouse is not specified as a guarantor and did not put his signature, the lender is not entitled to demand the money. The responsibility of the wife for the debts of her husband in front of the bank is not visible. Otherwise, the creditor shall be considered illegal. In art. 45 SC RF said that only the ownership of a husband can arrest, who must return a loan.

It is done when there are not enough funds to pay off the debt. A part of the property is subject to inventory, who has departed the debtor in the section. If in marriage the family did not get owned by property, there is nothing to describe the bailiff. Recovery will consider other debt repayment options.

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Cases falling under 45 Article SC RF

Sharely acquired property falls under an inventory and arrest if it is associated with general obligations.

  1. Buying housing in the mortgage.
  2. The contract is signed by one of the spouses, but cash were spent on the needs of the family. It can be an improvement in living conditions, child education, buying a car.
  3. When purchasing housing, both spouses are taken into account.

In these situations, the responsibility of the return of debt is assigned to both borrowers. With the failure of the conditions, things are htized together, subject to arrest. If the amount is not enough to repay, the ability to pay for personal property (the property is htizated before marriage - Art. 256 of the Civil Code of the Russian Federation).

It can not be general and subject to the property obtained as a gift or inheritance. Conditions can be changed by the marriage contract. If representatives of the bank or the collection agency begin to knock out debt with his wife, which is not in the agreement and did not participate in spending the amount issued, all disputes should be considered in court.

Upon receipt of threats. Such actions violate legislation and require the intervention of representatives of the law. The exception is the court's decision, but in this case the debt charges the attractiveness and only legitimate methods.

The court served as a claim for the debt of the former husband

When served, the spends are hard. But there is a chance, it is important to find and present checks on the purchase. A witnesses can have serious support in the proceedings. important role An experienced lawyer will play.

Section of residential area when divorced

All property acquired property is considered collaborative according to Art. 34 of the RF IC.

Types of joint property include:

  1. Profit of spouses as a result of business, work or other activities that make income.
  2. Moves property purchased by citizens consisting in marriage.
  3. The property.

Housing acquired during marriage is considered joint property. The fact of the purchase of one of the spouses is not taken into account (Art. 34 p. 3 of the RF IC). CAN CALL CALL marriage contract. It indicates the separation of property costs, including which will be purchased in the future. With mutual agreement, the Agreement is drawn up in the presence of a notary.

Required documents:

  • document certifying the right of ownership of real estate;
  • passport of the Russian Federation;
  • certificate certifying the conclusion of marriage or divorce.

In the event of a conflict of the parties, the issue of the section decides the court.

When the property is not divided when divorced:

  1. If the purchase is carried out on her husband's personal money, i.e. presented or inherited. There was a personal property for sale, and during the marriage for these funds an apartment or a house was purchased.
  2. Residential premises were obtained at a gratuitous basis.
  3. Husband or wife buy apartments in fact with separate accommodation, but legally consisting in marriage at the time of purchase.

The above listed circumstances give an advantage of one of the parties, but do not deprive the second right of challenging in court, guided by Art. 36 of the RF IC.

In the process of the property section, the court will take into account the availability of children. The percentage of ownership of property will affect the fact of their stay with his father or mother (Art. 39 p. 2 of the RF IC).

Accounting for the interests of the parties:

  1. The family should have children who at the time of the divorce did not achieve adulthood.
  2. A minor lives with her husband or wife after a divorce.
  3. To declare a petition associated with the section of the property in the interests of the child.

The share can be enlarged in favor of the spouse, with whom the child will live.

Documents required for the court:

  • a document certifying the right to own property;
  • paper from the technical documentation bureau and resolution permit;
  • extract from the house book;
  • divorce certificate;
  • passport;
  • proof of;
  • receipt of payment of state duty.

In some cases, the list may differ.

If the apartment was purchased during a marriage, it is considered jointly proud of property. When conflict, the court divides it in half, given the fact of the presence or absence of children. The section is provided for three years, but lawyers are not recommended to tighten with the process.

After a divorce, if the spouses cannot independently decide who children will stay with, the court will take this issue.

Facts for decision making:

  1. Upon reaching the child of the Ten-Year Age, his opinion will be taken into account.
  2. The presence of attachment to the parent.
  3. Lifestyle of each spouse, mental condition and the presence or absence of detrimental habits.
  4. Equity of duties of mother and father.
  5. The presence of free time and material well-being. The ability to create comfortable for living conditions and responsibility.

Before making a decision, the judge comprehensively examines the listed items. Not personal interests of spouses, but a psychic balance of the child are important. The level of well-being does not always play a crucial role. If the father and mother lead a healthy lifestyle, and there are no defamatory arguments in someone else, the court will prefer to leave the children to his wife. There are exceptions.

What to do ... I do not live, but .... my husband went to another, leaving two children and loans ... Full apathy for life ... I can't give anything to children ... only loans and debts .. .. Does it make sense to live on? After all, this is not life, but survival
Support Website:

natalie, Age: 30 / 19.07.2012

Responses:

Live! Live! Live!!! I have 1 child, now he is 8 years old when it was 1.5 months old, there was one - there was no money, there was no strength ... God is merciful !!! All pain, tightness, poverty, loneliness, fear - everything went. Believe and pray, pray and believe. Terp. Night dark before dawn. God always sees everything, and only he will help, send people, help, strength. Live, just live!

Ksenia, Age: 39 / 19.07.2012

Natalie, hello! Answering your question - of course, worth it! Live and Enjoy Life! Do not get upset and even more so to root your life, keep the fate of children because of the person who betrayed. Justice :)

Lily, age: no matter / 07/19/2012

Save your loved ones from trouble is the most noble goal of life, what you can dream about! What kind of "... I don't live, and there is a speech" You have the strongest stimulus in life - save your children. "... I can't give anything to children" - do not rush to despair. The need exacerbates mind. I can tell you dozens of stories about millionaires that the day before your "take-off" were ready to commit suicide. Very often in life, the crisis happens the day before the "take-off". I do not know why. Apparently, during the crisis, a person includes all 100% of its intelligent resources.
You have had existence before, but now you have a real life begins! Life with the most difficult, but also with the brightest task - save
Your children from problems, and become a support for them! Remember - the need exacerbates mind !!!

Descartes, age: 45 / 19.07.2012

First of all, think about children, how will their fate work without a mother? Mother is their Guardian Angel on Earth. Do not leave them
Some, please. There are no hopeless situations! You are confused and instead of going on a string unraveling the tangle, you want everything
Crop, yes it is easier .. but much painful and for you and for loved ones .. I urge to analyze my life, where they were wrong,
Who were offended in vain? ... why did God paint this situation? He is waiting for you! .. Come to him confess from all my hearts.
Over your sins, promise to correct your life and see he will send you a way out! Contact people, look for sponsors the world is not without
Good people! Ask God so that the husband returns and he will come back! Just do not make children orphans, pity them! .. If the mother betray them, then
What to expect from people? ... Contact the Holy, the Mother of God the Sporian of Blows, Nikolay's ashy. Good luck to you!

Irina, Age: 51 / 19.07.2012

There is always a meaning of life! You have children. If you are hard, then what is it. Women creatures strong. Soot all. Nothing. It's hard now, then
Lightly. Do not try to give up. Good luck to you!

Natalia, Age: 23 / 19.07.2012

Natalie is a big grief. This is a real test. Play, but tolerate, nice! The meaning of your life did not decreased after the husband's care. On the contrary, it increased, if we talk for children ... Your advantages, Natalie, did not decreased anyhow! Just you think now about the friend. Nothing. This is temporary.
Thank God, children are brought up not debts and loans, not steep schools and expensive classes ... And what are they raising them?! Genuine means
Education in your heart. It acts, raises 24 hours a day. Mom at work, child in school or in the courtyard, but attitude
Mother to child raises constantly. Only a mother can take it entirely, love the way he is !!! Natalie, the meaning is in everything!

Elena and Age: 35/20/20/2012

Of course have! The husband was not the one, well, what am you to blame for ?? And what age do children ?? Are there native, close people ?? Donate immediately to the alimony, look for a decent man who will support you! Pray and believe in God!

Natasha, you can give your children the most important thing in life - maternal love and affection! Who, if not you?

Elena, Age: 55 / 20.07.2012

Natasha, now summer. Vacation. If you can eat children to one of the grandmothers in the village or camp. Let them rest. You have a hard atmosphere for them at home.
And in the meantime, spread everything around the shelves and find the way out ... you have even more than a month. During this time, you can find a worthy job, a worthy way out of the current situation, to find yourself, in the end ...
And these thoughts are stupid throw away from the head. Not about you they!
And husband? Then piss off! Will not be happy who betrayed his ... Only you should no longer worry ... it was yes! Everything in life happens. And life is a whole life with her takeoffs and drops - you still have ahead, it is a long thing, all sorts of surprises are ...

flavia, Age: 28 / 20.07.2012

Hello, I understand how it is not easy for you, difficult and hard. But this is a test. You know, when I was 4 years old, my parents divorced. In connection with the divorce, they applied to exchange our 3-bedroom square., And my mom and my brother got a little 2-shk. Father for the remaining money bought a car, and he also took all the furniture from the 3-room apartment, and everything that was there was accumulated by their joint work for 10 years of residence. Father did not help us, did not pay alimony. He lived in his pleasure. Our mother had a difficult period. And we have seen the children. Mom was very worried, she was not waiting for her help from anyone, her grandmother was sick, his friends turned away .. But Mom tried to hold on. I want to say that you do not have the right to leave life. You do not have the right to leave your children such memories. Time treats everything. Everything will be fine with you. Not immediately. Do not make experiences about the former husband, leave it, reduce the meeting to a minimum. Take care of the affairs, by children, health, improving professional status, and now you will see, everything will be in place.

Natalia, Age: 25 / 20.07.2012

Thank you all for your support! I did not expect that completely unfamiliar people will be able to support me so, I was on the verge of a breakdown, but my feedback helped me in many ways. Attentionally, I am a woman, I can and I can and cope with my husband People are given to live as I would like. It would only like that two sons (12 and 6 years old) without a father. I don't have enough strength, but I will try to thank you all. Such a good luck !!!

natalie, age: 30 / 20.07.2012

It is very desirable for you to find a good man who would be good to sons, they need it! Also go be sure to church, to confession and at least once a week to the service! You will be easier from it.

Vadim, Age: 55 / 20.07.2012

In addition, children have no one, but I will not say that it is necessary to live for children. Live for someone you can break. I always told myself, I am alone, and if I don't, then who will arrange something good in this life. I understand that the loan is serious, but life is so much and a long time that everything will pass, and only awareness will remain that everything has passed, the children grew up and you even forgive your husband. He is just a weak, and you have to live so that you can go to bed could say the Lord here I am my children, help me, besides you, I have no one to hope for me, help me.

Olga, Age: 51/21/21/2012

It is worth living at least because you have 2 angel! Damn with her husband! not last! Money will come! If you look at the world with black eyes, he will be black! Joy, you are beautiful, you are worthy of happiness! You are just 30! Cute, many survive. And my mom had difficult situations in life when I was baby, and dad left us too. Believe, it happens and worse! You are the best mom!
live and just live with proudly raised head! Kiss, happiness!

Red Hat, Age: 19/21/21/2012


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Hello. My name is Natalya. With my husband in marriage 20 years. There is a daughter, she is 18 years old. Husband left to leaving us with huge debts, left not to a woman just from problems. We live very modestly, I work at the factory, a daughter a student. Learn for a fee. I do not ask about pity, I just don't know what to do, I stayed alone with my problems. I consider this betrayal to leave in a difficult minute. Money was engaged in repairs and study. If I knew that he would do, care for repairs, but I don't want to study my daughter. There is an option to change the apartment for one-room. But how to explain the daughters that we were thrown. And the most nasty he left when he received an inheritance. I talked to him, I asked at least for study to pay in half. "I don't call me anymore" - this is his answer. I don't want to live in general, only my daughter holds. For twenty years, we experienced a lot, treason, beatings, his drunkenness, I all goodbye, always found strength in myself. And now I do not know what to do?

Support site:

natalia, Age: 36/10/2013

Responses:

Honey, good! I understand your cry of the soul. I think my daughter needs to explain everything. I'm not lying my five-year twins, they already heard my historians, seen tears and know that Dad loves another aunt (she also has 2 children). I know what I do not quite right, but I can't live in infinite lies, I was lying down. 3 days ago received documents on a divorce through a lawyer, horrified and laughed, the children of his only, sooo late, I made a heroic act in my years, many people say. And in the contract, small claims of type do not disturb the silence after 10 pm, etc., while the property is in its favor. I'm already laughing now, and I thought not survived 1.5 years ago, made myself a glass of tea with honey to drink. I was immediately incurred to the church, the candles set, I read the prayers as I could, did not believe in what was happening, the children suffered. Recently understood his feelings, I then opened the door to a mental hospital, fortunately, did not enter. Terrible insult and misunderstanding remained. Now the struggle for the destruction of real estate began. Find a song on the Internet V. Miguli "The most important in the life of the profession is to be a man," maybe another name, the words are excellent. Hold on! Debts, of course, it is very hard, but you will definitely find a solution to cope. Sorry that you, I'm just a lot older than you. Not immediately, then you will understand that God saved you from the coward, the traitor and you still know how to call him. The main thing is to pay, smash, say, do not hold in yourself. Everything will be fine, you are strong and let's handle everything. Read this site, it helped me a lot, we have a lot of these and everyone survived. Once row debts, brains and appearance will be in order, and you will be happy, and the daughter will be happy. You must be happy! Hugging

Irina, age: I am ashamed to say / 07/11/2013

Natasha, native, you are now blinded by grief. Just suffer this pain, terpi. I can not explain why close people do this. This is wild pain, helplessness, loneliness, unknown ...
Terepi, honey, pay - and into battle. Pray - God and the Most Holy Virgin will not leave. Forgive me - I can not write well, I can only pray for you, I can support. There are many people here, to great unfortunately.
Look through the search string. SMILLA reviews. She disappeared something, but believe me, reading her feedback on cries about help - your thoughts will stand in place very quickly and an action plan will appear. And do not forget about prayer. It is incomprehensible, but helps - Slowly something begins to happen and come help. I'm with you, keep you hands and hug firmly. If Nesterpimo - read here, write here. Everything will work out, you will see. Not immediately, but to get better. And you will be happy you will, although you will not believe me now. Hold on, we are with you! Let the Most Holy Mother of God help you!

Nadezhda, Age: 35/11/07/2013

Hello, Natalia! My name is Marina. I have a very similar situation with you. True, we lived only 1.5 years and our child 3 months. We were also thrown with huge debts. But I work, my mother helps with the child. And even though I myself do not know how to cope with spiritual pain, but still I can say about debts like this: if you have an option, as you write, change the apartment, then change, and give all debts. Your daughter is already an adult, explain to her everything and she will understand. Only you need to explain so that it does not have a sense of inferiority due to the fact that you were thrown. But in no case should I leave! And still go to church. If you can visit holy places. At one time I was very helped by the blessed Motron Moskovskaya. I wish you for strength to cope with your grief! Peace heat and happiness! And the person who was next to you is not worthy of your love!

Marina, age: 30 / 07/11/2013

Hello, Natalia!
The story is ugly, no words! But imagine the situation that your husband did not leave you, and went out of life? (God forbid). Thank God You are all alive - and you and your daughter and your irresponsible husband. What help do you expect from a weak cowardly peasant? God just freed you from him - one problem has become less! And tests are given bye. There is always a way. Talk to creditors, agree on the timing of debt repayment. The daughter can earn and facilitate the financial situation - nothing terrible, now many students work. Do not install it from difficulties and reality, do not take everything on yourself! If the money was taken officially (credit), you can also officially demand half of the debt to assign to her husband. Consult with a lawyer, as possible in this situation, take something from my husband. Everything will be fine, you will handle. Just calm down, and without despair and panic, start slowly acting. God will help you. Good luck!

Gusel, Age: 49 / 07/11/2013

Natalia ... Well, what to do ... you endured treason so many years, beatings, drunkenness, and now it's all over, thank God. So live - that finally everything ended, and a new, other and happy life began. I say this every day, sometimes even helps)). My husband threw me two weeks ago, I was pregnant on the fifth month, I didn't decide for a very long time (I have a senior of 13 years old, and we buried 7 years ago). Finally decided - and here the dad after 18 years of living with a new love, tired of us, and he still does not need a child (two months ago it was necessary). And I have two loans huge (somehow they always decorated on me), a lot of payments, an apartment under honest words (there are many people who want to do it) ... And anyway - a new one, the other and happy life began. They went all ... Login and cowardly peasants ...

Linter, Age: 34/11/2013

Natalia, why do the daughter explain something? She is 18 years old, she will understand everything herself.
Debts are credits? Serve for divorce - you will pay in half. Daughter can translate to correspondence? To work and help pay for training? My cousin (19 years old) moved to the correspondence. Works and fully pays for your studies. Everything is solved, you just need to try to find strength in yourself and live on ... ("that it is impossible to people - maybe God").

mirinza, Age: 39 / 07/11/2013

I can not understand what it means to explain the 18 year old daughter that we were thrown. She has no visa and she does not see that you no longer live together and do not communicate? An adult man on her life will be different situations. It is now important to decide where you will take money on her training and it is necessary to solve it together. What work can find a daughter. It is possible not to exchange an apartment, but its temporary delivery, and for some time they will move or to relatives or in the room, but for this will have something to come. Made repair in the old apartment, well, you can pass for a higher price. Or find housing in exchange for home help. Options Mass, alive, healthy, big daughter. The main thing is that it is not only your tasks, but also the tasks of your daughter.

Salmova Svetlana, age: 45 One raised daughter / 07/11/2013

Natalia, I really want to support you. We just need to endure and believe. My husband freed me from his presence, when a loan hung on me, the daughter studied for a fee, removed the apartment and, besides, I could not find a job for half a year (I got under the reduction of 47 years). Just believed God, prayed. And, you know, in two years, now, after passing all the tests, I understood, but everything is fine. Daughter, reappeared and found an excellent job in St. Petersburg, anesthesiologist, I (was the deputy large organization) I work on the mail operator's mail and I like my work. Just pray for you, like all the girls on this site .. Just believe, everything will be fine ..

Irina, Age: 49 / 07/11/2013

Natasha, your husband will ask you back back, so why he is such (beatings, treason, drunkenness). And yes - this is a betrayal - to quit in a difficult moment! Why do we appreciate yourself so little, my dear? Why do not respect yourself, and even cry about traitors? Where is our dignity? Natasha, the Earth left under his feet, but remember - you're strong, so much already survived, and it will be swear too - the flour will be. First of all, calm down, nothing irreparable happened - there are health, lovely alive, only the traitor is not near. First of all - to a lawyer, divide debts and property. If the repair has not yet done - it will wait, return this debt. If you can, transfer the daughter to the correspondence department, let it work and helps mom. I understand that I want to give the child the best, but what will bring her more benefit knows only God! My girlfriend is large family In secret, Mom was translated from full-time for correspondence and went to work. Now she is successful and career and personal life, it is firmly on the legs and more confident than those who graduated from the full-time department. So do not drive yourself into the frame, do not paint the black prospects. Everything will work out, the daughter is almost an adult, will soon help, it will have a family, you have grandchildren. And you are young more, and personal life It is necessary to arrange your own! You do not believe me now, and everything will be so!))

Sunny, age: 32 / 07/11/2013

Hello! I don't need to explain anything daughter, she understands everything. Now it's time to turn to myself and ask a very important question, namely, how I allowed to live so many years with a person who destroyed my personality drunkenness, beatings, etc., maybe you repeat the life scenario of your mother? We are all a by-product of child-parent relations and unfortunately unforgettably transfer it into their adulthood, if this does not do that fate can turn into a series of some and the same repetitions with different partners. It is very good that this uncle is no longer in your life and your child will not see all those disgraces that were going on in your home. Start yourself, you are still young, look around, see what the labor market offers you today, you can always earn or change profession. Consult a lawyer may you can file alimony on it as your child is still learning. To give your child education is your duty, you found the strength to forgive his pork behavior, now these forces direct to care about yourself and your daughter.
You will always succeed, only for this you need to start doing something. Good luck to you.

Lyudmila, Age: 44/12/2013

Hello, Natalia! For me, treason, beatings and drunkenness it is much more terrible than keeping your husband and stay with debts. In general, I do not understand why it was necessary to endure such an attitude towards myself, it seems already in the 21st century we live. My daughter and at the age of 6 I understood when the dad left us and did not ask any questions, I think your 18 exactly understand what. And at the expense of debts, when the husbands go, many still begin to divide the apartment, property, and women remain with nothing, I suppose it, you did not touch you, you are in the apartment with renovation and with property. It means not everything is so bad, you need to get out with my daughter and extinguish debts. Daughter Translate to the bunch, they yourself are looking for a part-time job, and all you will have better than it was!

Olga, Age: 40 / 13.07.2013

You can hand over one room, and the apartment will remain, and with debts you will calculate, do not pour hot! Everything will be alright!

olga, Age: 30 / 13.07.2013


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It is very difficult for me, ashamed and contemptuously to treat myself with a cry for help, since I found myself in a hopeless situation.
I do not know how much my trouble is great compared to all the great troubles, however, this is my trouble with which I am trying, but I can not cope for two years.
I worked in a good company and got a good wages.
In 2013, my ex-husband persuaded me to take loans for business development in the amount of about 2,000,000 rubles. I doubted the success of this project for a long time, but since it loved him insanely, I decided to help.
However, in our country loans are provided under very high percentages And he, with the help of intermediaries for an additional fee, has achieved a positive decision on the provision of such loans on interest rate from 24 to 39% per annum.
Credits were issued for my name, since he did not have official employment.
Four months after receiving all the money, I learned that there is no business, no money, and after another month he disappeared and I began to call me employees of banks and collector agencies, notifying the presence of debt on loan agreements and threatening property confiscation.
I still found it and demanded that he repaid all the credit obligations, however, he answered me that he had no money, and then disappeared at all, retired from everyone social networks And his phone became unavailable.
I turned to the police, but unfortunately, I was answered that since credit agreements They are concluded on my name and any evidence that money was granted to him, and not for family needs, I don't have a speech about the initiation of a criminal case.
Thus, for two years I pay money to banks in the amount of 60,000 rubles for two years and is obliged to pay for another 3 years, otherwise, licking the entire property, for which, in the event of not a refund, will be drawn.
Almost everything that I earn a month, I give to pay loans, and there is no longer forces to carry this Kabalu, in which I fell for my frivolity and love, paying money that I was not intended.
IN lately I am tormented by a variety of thoughts, I can not find out of the situation that has created, life has turned into hell and I do not know how to live on and whether it is worth it.
If this letter comes to you, I beg you, help, who can, I can do anymore anyone else.
I do not want publicity, I don't want popularity, it's not PR, this is my problem, and if you don't want to help me, please do not judge the men strictly. My parents will not understand this, and I will not forgive it myself.
Sisters number: 4276844023121932


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