Marriage agreement for a mortgage: sample and cost

The institution of marriage has long become not only a moral guarantee of calm relations between people, but also a legal one. This is exactly the guarantee that a marriage contract for a mortgage with Sberbank provides. Today we will learn all the nuances associated with the marriage contract for Sberbank.

What does the law say?

The conclusion of a marriage contract when applying for a mortgage is regulated by several legal acts. And before you engage in this legal procedure, you need to familiarize yourself with them.

1. Family Code of the Russian Federation. Chapter eight is devoted to the prenuptial agreement, and article 40 states that the prenuptial agreement is drawn up to delineate the financial rights and responsibilities of the spouse. In the same code, the ninth chapter deals with the property liability of those getting married.
2. Federal Law “On Mortgage”. This law is devoted to the rules for registering collateral (mortgage) and the responsibilities of the borrower.

Why do you need a marriage contract?

Without a prenuptial agreement, Sberbank would be at great risk of divorce between the spouses, since in the absence of a document, property and debts are divided equally between the man and the woman.

But in most cases, ex-spouses have different solvency, which leads to lawsuits, expenses for legal assistance, etc.

Therefore, Sberbank employees strongly recommend concluding a marriage contract for a mortgage.

This document is required in the following cases:

• Bad credit history. If one of the married people had outstanding loan debts or was late in payments, then it would be more profitable for the bank to cooperate with the second spouse who has a positive or neutral credit history.
• Refusal to apply for a mortgage. The case is rare, but this also happens at Sberbank. If one of the spouses categorically opposes taking out a mortgage loan, then the second spouse has the right to take it without the consent of the first. You just need to sign a special marriage contract in which this situation will be described.
• A mortgage taken out before marriage. If one of the spouses took out a mortgage for himself, and subsequently contributions were made by both the husband and wife, then it is necessary to secure shares in the real estate in the marriage contract so that it is counted as jointly acquired property.
• Foreign citizenship (not to be confused with dual) of one of the spouses. This fact contradicts the policy of Sberbank, so in this case you will have to conclude an agreement.
• Problems with the security service. Like any bank, Sberbank has its own “black list” of citizens, which contains persons undesirable for cooperation.

If you have possible problems with at least one of the conditions listed above, you need to contact a bank branch, where they will check everything and give advice.

Important point! Sberbank requires you to provide a signed marriage contract immediately when applying for a mortgage. A situation may arise that you spend money on a marriage contract, but Sberbank will still refuse and you will waste the money.

The marriage partner requires other banks directly for the transaction; it is not needed when submitting an application.

In Sberbank’s defense, we can say that if your mortgage application is rejected due to negative information about your spouse, you can immediately submit an application with a prenuptial agreement without waiting 2 months.

You can find out more about the reasons for Sberbank’s mortgage refusal below.

Pros and cons of registering a marriage contract

If both spouses have a good credit history and do not have any other financial problems, then there is no need to enter into a prenuptial agreement when applying for a mortgage. However, many families still do it. Concluding an agreement has its positive and negative sides.

Positive:

• Absence (minimization) of property disputes during divorce.
• No need to contact a lawyer during a divorce.
• The absence of a stopping factor in the form of difficulties with an apartment in deciding the question of “divorce or not.”
• Reduced emotional stress during divorce, faster divorce process.

Negative:

• The considerable cost of concluding an agreement (with all the extras will be approximately ten to fifteen thousand rubles).
• Psychological rejection of the marriage contract by one of the spouses as such (essentially, concluding a contract is preparation for divorce).

Statistics show that it is precisely because of the last point that the majority of Russian families refuse to enter into a marriage contract. The situation is deplorable, since the number of concluded agreements is directly proportional to the number of legal proceedings in divorce cases.

Requirements for a prenuptial agreement for a mortgage from Sberbank

There are no special requirements for the marriage contract, but it must contain a mandatory clause stating that the second spouse does not claim the property purchased with a mortgage.

It is important to know! A marriage contract is a fairly long document filled with bureaucratic and legal language. However, you cannot be inattentive when compiling it, skip any points, etc.

In a situation where property and debts will be divided under this agreement, any such oversight may work against the signatories.

We recommend that you sign up for a free consultation with our lawyer to clarify all the nuances.

Sample prenuptial agreement for a mortgage in Sberbank

Once the spouses have decided to enter into a contract, they will have to fill out the following form:

You can download a blank marriage contract form for Sberbank using the link.

How to draw up an agreement

When applying, you need to focus on the cost of the procedure, the deadline for preparing the contract and the list of required documents.

Cost of the procedure

The marriage contract comes into force only after it has been officially certified by a notary. Law firms will help in its preparation, and, in the end, the entire registration process will cost from ten to fifteen thousand rubles, as already mentioned above. The cost depends on the region and the policy of the company itself.

You can ask our lawyer for help in drawing up a marriage contract. To do this, write your details on the right in the chat, and our specialist will call you back at any time convenient for you. We provide only high-quality services at affordable prices.

Production time

The entire registration procedure can be completed in one day - just fill out the contract with a lawyer and have it certified by a notary. But it’s better to start preparing for this step in advance - read the legislative acts and discuss the conditions with your spouse.

Documentation

The package of documents for registration of the contract is small:

• Printed three copies of the contract itself.
• Passports of persons signing the agreement (originals only).
• Marriage certificate.

It is important to know! A marriage contract for a mortgage at Sberbank is drawn up only with the fulfillment of the conditions that the bank puts forward directly for obtaining a mortgage, namely: the age of the spouses must be more than twenty-one years and less than 75 years, and their work experience in the current job must exceed six months. In addition, they must be willing to pay a down payment of fifteen percent of the market value of the property.

In fact, compared to other legal procedures, drawing up a marriage contract is not so difficult. It is only important to choose the right law firm and approach the registration process with due attention.

The only thing that also often scares off those planning to conclude an agreement is the rather high price for its execution.

But the price that spouses will pay in the event of a division of property in an even unwanted divorce will be much higher.

You can find out more about what will happen to an apartment under a mortgage during a divorce below. We will also talk about what documents are needed to obtain a mortgage from Sberbank, how to apply online and what to do after approval.

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Source: https://ipotekaved.ru/sberbank/brachniy-dogovor-po-ipoteke.html

Marriage agreement for a mortgage: sample and cost

A prenuptial agreement
is necessary to determine the spouses' rights to property.
If this document is signed, it is officially registered.
This gives spouses the right to amend certain provisions of the family code.
They have the right to sign it before or after the wedding. When it is necessary to fill out a marriage
contract for a mortgage, a sample is not always at hand.
Let's take a closer look at how to draw up a document correctly and how much it costs.

What does the law say about mortgages and marriage contracts?

If you need to sign a marriage contract when taking out a mortgage on real estate, you need to pay attention to the following regulations:

• SK. Article 40 states that a prenuptial agreement is necessary to share the financial rights of the spouses. It also talks about property liability.
• Federal Law “On Mortgage”. Here are the rules that must be followed when applying for a mortgage. Particular attention should be paid to the borrower's responsibilities.

Remember! A prenuptial agreement is a document signed by mutual consent. There is no indication in the laws that it must be completed.

If the prenuptial agreement is not signed, then in case of divorce the risk for the borrowing bank is too great. After all, without an agreement, joint property is usually divided in half.

As for debt, the same rule applies here. However, the solvency of former spouses usually varies. Therefore, court proceedings begin. This takes time and is not profitable for banks.

When is a prenuptial agreement needed?

The bank will require
this document in several cases:

• Unsatisfactory credit history of one of the spouses. In this situation, it is better for the bank that the second spouse becomes the borrower.
• Mortgage waiver. This situation is rare, but it happens that one of the spouses is against the mortgage loan. When the second spouse draws up a marriage contract, he has the right not to ask permission for a mortgage. The main thing is that all the nuances are reflected in the document.
• The mortgage was taken out before the marriage. If the property was taken out on a mortgage before marriage, and after the wedding both spouses contributed funds, it is better to secure the shares of the property in the marriage contract. Only in this case will it be jointly acquired property.
• One spouse is a citizen of another country.

Prenuptial Agreement for Mortgage Before Wedding

A prenuptial agreement after a mortgage has its own nuances.

If one of the spouses purchased a home with a mortgage before marriage, you can make monthly payments in two ways:

1. the borrower himself continues to give money to the bank, and his spouse cannot claim a share of ownership in the mortgaged housing,
2. spouses pay jointly, and each has shares in the purchased property.

The recipient must inform the bank that he has drawn up an agreement. It's better to do this in advance. The bank analyzes every action of the borrower.

If the bank decides that this action will negatively affect the further repayment of the mortgage, it has the right to demand early payment of funds.

Marriage agreement for mortgage after marriage

When a prenuptial agreement for an apartment with a mortgage is drawn up after marriage, the spouses must come to a common decision regarding the property.

It should indicate where there will be joint property and where there will be separate property. The last case concerns the marriage contract.

The following reasons usually push one of the spouses to sign such

• the second spouse decided that he does not need real estate, or he does not want to pay interest on the loan,
• the bank did not approve the candidacy of one of the spouses.
• The reasons may be different: poor health, negative credit history.
• A refusal can be obtained even when the applicant’s work activity involves a risk to life.

Read also: Power of attorney to pick up a child from kindergarten: sample

Note! To apply for a mortgage for one spouse, the other will be required to provide written consent. It is necessary.

In addition, when the spouses were co-borrowers, upon receiving a mortgage, and then decided to sign a marriage contract, they are obliged to notify the bank about this without fail.

If this does not happen, the provisions specified in the agreement will not affect the further repayment of the loan.

Marriage agreement: completed sample, download, on separate property.

Rules for drawing up a marriage contract for mortgage lending

To date, there is no strict form for drawing up a marriage contract for the purpose of obtaining a mortgage. You can find it on the Internet or get the recommended form from a lawyer.

But the document should cover the following points:

• details of the marriage certificate,
• Full names and addresses of the parties, information about their passports,
• real estate documents,
• date of signing the contract,
• who will be the owner of the property,
• the person who pays the state fee,
• signatures of the spouses.

Usually the contract
is drawn up according to one structure.
The text begins with general rules. After this comes the establishment of ownership rights to various property.
A separate part of the agreement should be devoted to how the mortgage will be paid.

to include all existing real estate
in the contract disagreements later. The document is drawn up in 3 copies: for the wife, husband and notary.

Loan in case of divorce: how is consumer, mortgage, car loan divided?
Read about the division of a mortgage loan after a divorce.

Example of a prenuptial agreement for a mortgage loan

MARRIAGE CONTRACT

Ryazan 04/28/2019

Source: https://pravasemei.ru/brak/brachnyj-dogovor-dlya-ipoteki/

How to draw up a prenuptial agreement for a mortgaged apartment?

Drawing up a marriage contract for a mortgaged apartment is not an obligation, but a right of the spouses. Although banks often require the preliminary signing of a marital contract in order to guarantee timely repayment of the debt. Spouses should consider signing the BD themselves. This will protect personal property rights throughout the time the debt is repaid. The agreement guarantees that after the end of payments, each family member will receive personal ownership of a fair share of the apartment.

Prenuptial agreement: pros and cons

Contents (click to open)

A prenuptial agreement is a voluntary bilateral contract that includes rules for the distribution of property rights in a marriage. The purpose of the contract is to establish how the material assets acquired by the couple after marriage will be divided until the moment of divorce.

Article 41 of the RF IC provides that an agreement can be drawn up at any time before the divorce. Based on the document, the contractual property regime of the spouses begins to operate.

Table "Pros and Cons"

Advantages of drawing up a marriage contract
Disadvantages in the absence of a marriage contract
Simplification of divorce, since the division of property occurs on the basis of a contract. There is a high probability of loan refusal. Increasing the chance of your application for a targeted loan being satisfied. Providing a smaller loan amount, since there is a risk that the borrower will lose solvency in the event of a divorce. Fair division of mortgage debt. Guarantee of receiving the purchased property into joint ownership.

The Family Code allows you to draw up a marriage contract for the purpose of dividing the mortgage loan and property rights to the purchased property. There are a number of circumstances in which a contract is necessary.

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Why do you need a prenuptial agreement for a mortgage?

In most cases, lenders require spouses to enter into a prenuptial agreement before taking out a mortgage. This is done to protect the property interests of the creditor, since there is a risk that if a divorce occurs, the couple will stop making payments due to loss of solvency. If the agreement has already been drawn up, then resolving the issue will be much easier.

The couple provides the bank with the original signed agreement, which specifies the procedure for dividing property rights for all types of property. The bank may accept the contract or, if the terms are not suitable for the lender, may require a change in the agreement. Such a requirement is legal.

Important! If a couple has drawn up a prenuptial agreement after opening a mortgage, but has not agreed on this issue with the lender, then the financial institution can cancel the agreement in court.

Before applying for a mortgage

Drawing up a contract is advisable under the following circumstances:

1. Unequal distribution of income in the family. Example – one spouse is employed, provides for the family and pays the mortgage. Having a contract will protect against claims to property from the second spouse.
2. The borrower was only one spouse, whom the bank refused to apply for a loan. The reason is unreliable solvency. Having a contract ensures that together the couple can pay off the debt.
3. Lack of consent of the second spouse to apply for a loan. According to the law, all property transactions after the official registration of marriage can only be concluded with the notarial consent of the official husband/wife. A prenuptial agreement makes it possible to obtain a mortgage without the consent of the other partner.
4. Receiving unofficial income. If the profit cannot be documented, the bank will not agree to issue a loan.
5. The couple decided to purchase real estate before getting married. All material goods purchased before marriage are considered personal property and cannot be divided. The presence of a contract will confirm that the purchase was made jointly and the loan was repaid from the very beginning through joint efforts.

During the mortgage

You can draw up a contract, but only with the written consent of the bank. The lender's property rights directly depend on who will pay the loan and whether the borrower can guarantee his continued solvency.

After paying off your home loan

A marriage agreement can be drawn up at any time before the divorce (Article 43 of the Family Code). The contract may mention all benefits that have already been purchased or will be purchased in the future. If the couple does not draw up a contract, the mortgaged apartment will be conditionally divided in half.

Marriage agreement for a mortgage (sample)

The legislation does not define the strict form of the marriage contract, but the following blocks of information must be included in the content of the document:

• passport details of the spouses;
• name of the document (nuptial agreement);
• conditions of a contract;
• the day on which the document comes into force;
• signatures of participants;
• date of registration.

In order to determine the procedure for repaying the loan, the following questions must be included in the content:

• method of repaying the mortgage (jointly, one by one);
• from what income the loan will be repaid;
• the procedure for dividing property after full payment of the mortgage;
• debt repayment algorithm in case of divorce;
• children's property claims;
• liability of the parties for violation of the terms of the contract.

Sample of a complete agreement, including a chapter on mortgages:

Sample prenuptial agreement for a mortgage – download

Ekaterina Derzhavina
Assistance in drawing up statements of claim and other legal documents

Sample of a separate part of the mortgage agreement (can be included in the current marriage contract):

A separate part of the marriage contract for a mortgage - download a sample

Ekaterina Derzhavina
Assistance in drawing up statements of claim and other legal documents

The procedure for drawing up a marriage contract to obtain a mortgage

The algorithm of actions of participants includes the following steps:

• clarification of lending conditions in various banks in the country;
• preliminary drafting of a contract;
• contacting a lawyer to check and correct the contract (the lawyer will eliminate legal, semantic and stylistic errors);
• signing the original agreement;
• contacting a notary for approval of the contract and registration in the register;
• transfer of the agreement to the bank for further registration of the mortgage.

If the couple is officially married, the contract becomes legally binding after notarial approval.

Required documents

At all stages of registration/approval of a marriage contract, the following documents will be required:

• participants' passports;
• marriage registration certificate;
• receipt of payment of state duty;
• personal documents of children, if their interests are taken into account.

Cost of registration with a notary

Article 333.24 of the Tax Code of the Russian Federation provides that the cost of notary services for approving a marriage contract in 2019 will be 500 rubles. The amount is considered for one copy of the agreement.

If we take into account the involvement of a lawyer in drawing up the text of the contract, the average cost of the agreement will be 5 thousand rubles. The price depends on the region.

Duration of the procedure

On average, it takes up to 1 month to complete a marriage contract. There is no need to make an appointment with a notary in advance; all you need to do is draw up an agreement and come to the nearest notary office.

Drawing up a prenuptial agreement for a mortgage under special circumstances

A marriage contract can be drawn up only with the mutual desire of the spouses, therefore, the couple can include any conditions regarding the division of joint and personal property into the content of the contract.

Table “Features of contract execution”

Circumstances
Features
When a spouse does not work If one of the spouses is not officially employed, the working spouse will be the borrower. When drawing up an agreement, the couple can clarify that the non-working spouse will not take part in repaying the mortgage and will not be able to claim part of the apartment during a divorce. With maternity capital Matkapital is targeted assistance to families with two or more children. The law establishes that when purchasing real estate using maternity capital, the housing must be registered as the shared ownership of all family members (children and parents). And husband and wife can repay the loan in any convenient shares. With a bad credit history If there is a marriage contract, the bank looks at the overall solvency, so the borrower will be the spouse with a good credit history, and the second will be insurance in case something happens to the borrower. Something happens to the borrower. Only property issues can be included in the content of the agreement. This concerns the ability to provide for a condition on how the mortgage will be repaid if something happens to the debt payer. The second spouse can act as a co-borrower. It is allowed to involve other relatives in the loan agreement. If there are minor children According to the general rule, during a divorce, children cannot claim the property of the spouses, and vice versa. But the couple can include in the contract a mention of how housing will be divided, taking into account the interests of their common children.

Termination of a marriage contract and invalidation

The validity of the marriage contract depends on the decision of the spouses themselves, therefore, at any time after the conclusion of the agreement, the couple can:

• make changes to the contract;
• draw up a new contract;
• completely cancel the agreement.

This can be done only after the mortgage loan has been fully repaid, when the interests of the bank will not be affected.

Otherwise, you will have to obtain written permission from the creditor to terminate the agreement.

If the spouses independently terminate the marriage contract, and the bank becomes aware of this, the creditor can legally restore the agreement or a separate part of it.

A document may be declared invalid under the following circumstances:

• no notarized approval;
• the contract was signed by the incapacitated spouse;
• forced execution of the agreement;
• the presence of unfair conditions for the division of property rights;
• the content of the contract is contrary to the law.

Invalidation of a document occurs only in court, and a representative of the bank must be present at the process. His opinion is important.

Read also: Patronage for the elderly and disabled: at home, free

Lawyer's answers to questions about drawing up a mortgage agreement

We took out a mortgage while married with a prenuptial agreement. Now we are getting divorced. The contract states that the wife must repay the housing loan herself. Can a court change the terms of a mortgage during a divorce?

Yes, if such a requirement is made by the creditor. If the spouse confirms her solvency and the absence of a need for third-party financial assistance, then the conditions will remain the same.

We drew up a marriage contract in which the spouse acts as a borrower from the bank and the owner of the apartment. How can I avoid being left behind in the event of a divorce? We pay the mortgage together.

The agreement was drawn up at the request of the bank.

Proposal to the husband to rewrite the terms of the contract. The couple contacts the bank and asks for permission to re-register the contract. You will need to draw up a new contract and contact a notary for approval.

If the husband refuses to independently change the terms of the contract, then he will have to prepare a statement of claim to the court with a request to declare the contract invalid.

The claim must be supported by certificates from the place of work, mortgage repayment receipts, where the payer is not the husband, but the wife.

Conclusion

When applying for a mortgage, it is better to draw up a prenuptial agreement. And considering that in most cases banks themselves ask to provide agreements, it is more profitable when the couple draws up a contract in advance.

The content includes issues of dividing the loan, distributing property benefits, and ways to further repay the debt in the event of a divorce.

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How to draw up a prenuptial agreement for a mortgage? Rules, features, nuances and sample contract

Joint obligations, like common property, often become the subject of division and litigation.

A mortgage loan in this regard, due to its duration, requires special attention. Drawing up a prenuptial agreement by spouses intending to take out a mortgage on their home is good insurance against legal squabbles.

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Why is it needed and in what cases?

As a rule, the mortgage debt is divided in half upon divorce. At the same time, the solvency of former spouses may differ significantly. Few people want to pay the bank for two people, and then through the court seek compensation from the other party.

It brings clarity and clarity to property relations and the procedure for repaying the loan in the event of divorce.

As a result, the security of the loan increases significantly. Spouses have a choice whether or not to enter into a prenuptial agreement. But there are conditions under which its conclusion becomes a necessity .

• If one of the couple has a bad credit history and there is a high probability that he will be denied a loan, it is necessary to conclude an agreement that will determine the borrower and the payer.
• It happens that one of the couple categorically refuses to apply for a loan and a reason is needed to obtain it without the consent of the second spouse.
• If the housing is mortgaged before the wedding, it is wiser to conclude a prenuptial agreement so as not to divide the apartment in half, but to secure shares proportional to the contributions.
• In the event that one of the spouses cannot confirm their income for some reason, and the second has official income, but it is not sufficient to apply for a loan. Then the borrower can be identified as a spouse with a confirmed income, and the second one can pay.
• Often, parents buy an apartment for newlyweds. If such material support is provided by only one party, contradictions may arise. In this situation, it is reasonable to determine whose contribution to the property is more significant.

Features by law

The Family Code of the Russian Federation (Articles 40 – 44) stipulates the following aspects.

1. The agreement regulates only property rights and obligations; they do not apply to all other aspects of family life.
2. Spouses themselves decide which regime to establish for which property. For example, everything is divided in half, and the car goes to the husband.
3. The contract must take into account the interests of both parties and be mutually beneficial, otherwise it can be challenged and declared invalid.
4. The agreement can apply to both existing property and what will be acquired in the future.
5. The contract may specify the term and conditions of validity of certain agreements.
6. Signing the agreement means full agreement and acceptance of all the conditions specified in it. An agreement drawn up in writing and notarized can be considered legal.

Do I need to obtain the bank's consent?

If an agreement is not required to obtain a mortgage from a bank, but was concluded earlier or is being drawn up by spouses for some other purpose, the bank must be notified and give permission for it. Since the provisions of the marriage contract may affect the mortgage and conflict with its terms, infringe on the rights of one of the parties, reduce the reliability and guarantee of payment for the loan, and also require the re-registration of existing property rights.

When mentioning mortgage housing when drawing up the marriage contract itself, it is necessary to provide the bank’s consent to its preparation. Without it, the contract may be declared invalid.

Important! The bank always asks clients for information about the presence or absence of a marriage contract when applying for a loan. If the borrowers conceal this and the information is revealed in the future, the bank will have the right to demand early repayment.

The advantages of the agreement in question are obvious, but everything will work only if it is correctly drawn up and takes into account the interests of both parties.

Where to contact?

Banks offer families wishing to obtain a mortgage ready-made sample agreements . But as a rule, they are built on the separate property of the spouses.

It is more convenient and profitable for the bank for one of the couple to become the borrower, and therefore it can insist on registering separate property. After all, it is easier to collect the debt from one borrower and there is no need to recalculate the repayment.

And the second spouse will not be able to claim anything during a divorce.

If they wish to specify other conditions, borrowers may not use a bank form and draw up a contract themselves . To do this, it is advisable to obtain advice from a family law specialist who will provide qualified support, help take into account all wishes and correctly reflect them in the contract. Further, the contract must be certified by a notary.

How to compose?

It is necessary to spell out the conditions in the contract in as much detail as possible, taking into account all the nuances. This will help avoid difficulties and controversial situations.

Basic rules for drawing up a contract:

• it must be certified by a notary;
• a contract can be concluded both before and after marriage registration;
• The contract gains legal force only after marriage;
• clauses limiting the personal rights of the parties, their legal capacity, and legal capacity are prohibited;
• the contract regulates only the property sphere;
• a marriage contract can be terminated if one or more provisions are violated, as well as if a mutual agreement is concluded.

Attention! If a prenuptial agreement has already been concluded before the mortgage is issued, it is necessary to draw up an additional agreement to it, in which all the conditions regarding the specifics of the mortgage program and the requirements of a particular lender must be specified.

The following list of mandatory items is legally defined:

1. Name;
2. date of drawing up the contract;
3. passport details of the spouses;
4. marriage registration data;
5. subject of the contract;
6. rights and obligations of the parties;
7. the duration of the contract and the conditions for changing it;
8. additional items (if necessary);
9. signatures;
10. notary's certificate.

Questions that a marriage contract should contain and describe:

1. borrower (which spouse is it);
2. property (who will become the owner of the property and in what shares);
3. down payment (who pays);
4. payer (who will repay the loan amounts);
5. other payments (which spouse pays for insurance, interest, utility bills);
6. division of property (conditions for implementation);
7. grounds for revision (which may entail a change in mortgage payment obligations);
8. list of sources of official income (cash that will ensure loan repayment);
9. responsibility for failure to fulfill (what consequences will arise from evasion of obligations by one of the parties);
10. information about real estate (details: address, cadastral number, etc.);
11. loan amount and repayment procedure;
12. name of the credit institution (the bank where the mortgage is issued).

Features of the document when using maternal capital funds

Apartments and other real estate taken out on a mortgage using the Maternity Capital program are registered as the common property of the family: both spouses and all children. It is impossible to register such an apartment for one of the spouses. One of the couple applies for a mortgage, but it is mandatory to specify who is the owner and in what shares.

Important! Children get their share of the living space. This point must be properly spelled out in the marriage contract so that its clauses do not violate the rights of any of the participants.

But for banks, it is more profitable for one of the spouses to be the borrower, and they often diligently insist on obtaining a mortgage for the husband or wife. The important point here is to comply with the provisions on non-infringement of the rights of one of the spouses and the norms of the law in general.

https://www.youtube.com/watch?v=xVn-svaLM3M

Many banks in Russia, for example, when signing a contract, enroll the spouse as a co-borrower, thereby determining his right to housing and responsibility for timely repayment.

Such conditions are practiced by Sberbank, Rosselkhozbank and many others. The contract forms are also approximately the same.

If you take the form offered by Sberbank, then you can freely use it for lending at another bank, just change the name and details of the parties.

Required documents

To draw up a marriage contract you will need the following documents:

• passports;
• marriage registration certificate;
• documents defining ownership of property.

The notary, in turn, may require the provision of an additional package of documents. It is better to clarify their list in advance and directly at the selected notary office.

The marriage contract is registered by a notary with the obligatory presence of both spouses . Without registration and certification of the document in a notary office, the agreement will not come into force.

How much does the service cost?

There is a fee for concluding a contract. This includes the state duty (500 rubles) and the cost of notary services. Often, notaries determine the price of such documents based on the value of the spouses’ property (about 1% of the amount). In general, registration with a specialist who will tell you how to make an agreement can cost up to six thousand rubles.

Procedure and grounds for termination

This is usually stated in the loan agreement with the bank and is highlighted as a separate paragraph. In case of violation of this obligation, he has the right to terminate all existing agreements with borrowers and demand early repayment.

The grounds for termination of the contract are:

1. recognition of one of the spouses as incompetent;
2. lack of notarized registration;
3. if the fact of pressure on one of the parties (intimidation, threats) when concluding a contract is revealed;
4. infringement of the rights of one of the parties;
5. death of one of the parties to the contract;
6. declaration of one of the participants as missing, confirmed by a court order.

Termination of the contract occurs in court. But first you need to notify the bank of your intentions. And then go to court, where all the nuances of the case will be considered and a decision will be made on the legality of termination.

What should you pay close attention to?

When drawing up a marriage contract, special attention should be paid to its quality, clarity of wording and detailed description of all the nuances. Otherwise, in the event of a divorce, it can be easily challenged in court. The existence of a marriage contract does not exclude the possibility of one of the parties defending its interests in court.

Reference! It should be remembered that the contract will only regulate those aspects that are specified in it. Therefore, it is better not to draw up such a document without professional help. And this means additional expenses for the services of a lawyer.

Thus, a marriage contract concluded with a mortgage is an additional guarantee of protecting the rights of both spouses and fulfilling their obligations to the bank. Despite the high cost of registration and the need for additional collection and paperwork, it provides an opportunity to avoid lengthy and exhausting litigation.

Source: https://urexpert.online/nedvizhimost/ipoteka/brachnyj-dogovor-i-brak/zachem-i-kak-oformit-bd.html

Marriage agreement for a mortgage - sample, cost of registration

Mortgages in Russia today are experiencing a real boom - according to the DOM.RF portal, the volume of lending for the purchase of housing in the first 2 months of 2018 exceeded the same figure for the previous year by more than 2 times. This form of solving the “housing issue” is especially relevant for families, including young ones, and the possibility of distributing the debt burden to each of the co-borrowers only increases the demand for such a financial service. However, the responsible step of purchasing housing is not always taken on the initiative of both spouses, and in this case, the property relationship between them can be regulated by a special document - a prenuptial agreement for a mortgage.

What is a prenuptial agreement?

Traditionally, material relations between spouses in Russian families are reduced to the concept of “jointly acquired property,” and upon divorce, the norm is the division of existing property into two equal shares.

In this regard, the concept of a “nuptial agreement” in the domestic legal field is still quite ambiguous, largely due to the vague wording given in the Family Code of the Russian Federation.

However, in some situations, the conclusion of such a contract may be not so much a general measure to clarify the property relations of spouses as a whole, but rather a tool for solving a specific problem in determining the legal status of a particular property, including that purchased on credit.

Articles 40-44 of the above-mentioned code provide the following main characteristics of a marriage contract:

• concluded immediately before the registration of marriage or at any time before its dissolution;
• drawn up and certified by a notary (in writing);
• establishes the format of property relations between husband and wife, including the regime of ownership of property, as well as its list;
• applies to existing or future property;
• cannot in any way limit the rights of one of the spouses or place him in a deliberately disadvantageous position;
• does not apply to any non-property relations of spouses.

The marriage contract is valid until the official dissolution of the marriage or until the parties make a mutual decision to terminate it. In addition, the contract can be terminated in court if one of the spouses proves that he was in an extremely unfavorable position in connection with its conclusion.

Why do you need a prenuptial agreement for a mortgage?

When buying a home on credit, banks usually require that the official spouse of the loan recipient act as a co-borrower, even if he does not have a regular source of income.

The requirement seems logical, because in the event of a divorce, a shared apartment or house is recognized as the joint property of the ex-husband and wife, who equally retain both the right to real estate and the obligation to repay the mortgage.

On the other hand, it is not at all necessary that housing be purchased for the joint residence of spouses: one of them can buy an apartment, for example, for his parents or a child from another marriage, and in this case the second spouse will neither own nor pay the cost of such property will have no relation.

To differentiate the rights and obligations of the parties in such a situation, a marriage contract is precisely what is needed - with its help, you can establish a regime for dividing ownership of a specific property, and subsequently only the spouse who entered into the mortgage agreement will bear the burden of all obligations assumed under it.

How to properly draw up a marriage contract for a mortgage?

Before applying to the bank for a home loan, spouses should decide which of them will be the sole owner of the purchased property in the event of a divorce.

It is necessary to take into account that if the mortgage is issued to one spouse, but the apartment is purchased for the joint residence of husband and wife, as well as their minor children or elderly parents, then the ownership right of only one of the spouses to the housing can be subsequently challenged by the other in court , and the agreement itself was declared void.

For qualified assistance in drawing up such an agreement, you can contact legal advice. The specialist will need to provide the passports of both spouses, a marriage certificate between them, as well as documentation confirming ownership of the property.

The form of a marriage contract for a mortgage can be either standard or drawn up individually, taking into account the interests of both parties. The agreement acquires legal force after it is signed by both parties and notarized. The document must be executed in three copies - one each for the husband, wife and notary.

Termination of an agreement

Article 421 of the Civil Code of the Russian Federation does not in any way limit the right of citizens to conclude and terminate contracts, including marriage contracts. In this regard, such a contract can be terminated at the initiative of either party, but only with the consent of the other party. However, the law provides for a number of separate cases in which an agreement or part thereof may be declared invalid. These include:

• conditions in the contract, as a result of which one of the spouses found himself in a not very favorable position;
• provisions limiting the inalienable rights of one of the parties, including the right to judicial protection of their interests;
• clauses affecting any non-property relations of spouses.

In a situation where spouses take out a mortgage with a prenuptial agreement, its termination is possible only with the consent of the bank. Otherwise, the credit institution has the right to refuse further cooperation and demand immediate return of the entire remaining amount.

Sample prenuptial agreement for a mortgage

The form in which a marriage contract must be drawn up is not regulated by law, but the general structure and approximate content of each clause of such a document are not fundamentally different in ready-made templates, which, if necessary, can be adjusted to individual needs. When preparing a contract yourself, you can adhere to the following sequence of points:

1. Passport details of the parties and information confirming the marriage between them.
2. Information about the ownership of property by one of the spouses.
3. Information about who will pay the down payment.
4. Designation of the party responsible for regular payments.
5. Confirmation of the payer’s official income sufficient to repay the loan on time.
6. Measures if one of the parties fails to comply with the terms of the contract.
7. Information on the distribution of rights and obligations under the mortgage in the event of divorce.
8. Addresses and details of the parties.

You can view an example of this agreement at the following link.

A major advantage of doing it yourself is saving on the services of a professional lawyer. If you seek qualified help, the cost of the work can be quite significant.

Cost of marriage contract

The price for the work of drawing up and certifying such an agreement usually includes several elements: a state fee for notary services in the amount of 500 rubles (Article 333.

24 of the Tax Code of Russia), the cost of technical actions to formalize the contract, as well as, in some cases, a premium of about 1% of the contract amount. The total costs of applicants will average at least 5,000 rubles.

, however, the actual figure depends on the organization chosen to provide such a service.

Considering the above approximate cost of preparing a marriage contract by specialists, it makes sense for spouses to work out the contents of the future agreement as thoroughly as possible in advance - this will save, if not money, then at least time on finding the optimal form of the document for both parties, and contact a lawyer already with several drafts.

Advantages and disadvantages

A marriage contract is an official document that clearly regulates the property relations between husband and wife, which is undoubtedly a very powerful argument for its conclusion even if the parties have no disagreements regarding family property at the moment. Other advantages of such an agreement also include:

• relative simplicity of registration and certification;
• minimizing potential conflicts in the event of division of property during divorce;
• the possibility of using a prenuptial agreement for a mortgage during marriage if the second spouse has a bad credit history, refuses to act as a co-borrower, or, on the contrary, wants to have a certain share in the purchased property.

The disadvantages of a marriage contract are mainly associated with the “message” of the document, which is atypical for Russian realities, which actually reduces the meaning of a family to “mundane” property relations. But the document also has purely objective shortcomings:

• the possibility of concluding an agreement only between official spouses;
• the need to pay for services for registration and notarization of the contract;
• the likelihood of its individual provisions losing legal force due to changes in legislation.

A marriage contract as an effective tool for regulating property relations between spouses is only gaining popularity in Russia, but even now, in some cases, its conclusion is becoming truly necessary.

First of all, this concerns the purchase of housing with a mortgage - a significant difference between the incomes of spouses may make it impossible for one of them to fulfill obligations to the bank in the event of a divorce.

The opposite situation is also possible, when a husband or wife buys real estate not for joint use, and then the delimitation of rights to property protects the other party to the agreement from potential penalties in the future.

Video on the topic

Source: https://BaikalInvestBank-24.ru/poleznye-stati/brachnyi-dogovor-dlia-ipoteki-obrazec-stoimost-oformleniia.html