DISTRIBUTION OF CREDIT LIABILITIES BETWEEN SPOUSES IN THE DISORDER OF MARRIAGE

The distribution of credit obligations between spouses upon divorce is an important issue that can cause conflicts and disagreements between former spouses. It depends on many factors, such as the loan agreement, the type of loan, the date the loan was taken, the time period for its repayment, the ability of each family member to repay obligations, etc. In this article, we will analyze in detail how, according to Ukrainian legislation, credit obligations are distributed between spouses upon divorce.

The general procedure for the distribution of credit obligations upon dissolution of marriage between spouses in Ukraine can be described as follows:

1. Evaluation of credit obligations: The first step is to find out what credit obligations were acquired during the marriage and what is their total amount. To do this, it is necessary to collect all relevant documents and information about loans taken during the marriage.
2. Determining rights and obligations: After this, it is important to determine what rights and obligations under loans belong to each of the spouses. If the loan is taken by both family members, then each is responsible for his part of the debt.
3. Reconciliation of arrangements: When the total amount of obligations, rights and obligations of each of the former spouses has been determined, the next step is to try to agree on the agreements between them. This can be achieved by entering into an agreement on the distribution of obligations, which will indicate the amount and share of the debt that each of the spouses must cover.
4. If the spouses cannot agree on an agreement between themselves, then it is necessary to go to court. The court may decide to distribute credit obligations equally between the former spouses if it cannot reach an agreement between the parties. The court will also take into account the circumstances of the particular case. For example, if the loans taken were related to the entrepreneurial activities of one of the spouses, then the court may assign these spouses responsibility for most of the debt. On the other hand, if the loans were taken to purchase a family home, the court may decide that the obligation should be distributed equally between the spouses.

In addition, if we turn to the Family Code of Ukraine, we can find provisions there indicating that the debt arising from the loan agreement of one of the spouses is divided between the ex-wife and husband in such cases:

• during the marriage, a loan contract was concluded;
• it is concluded in the interests of the family;
• the funds received were used not for the personal interests of one of the spouses, but for the general interests of the family.

In view of the foregoing, only the established cumulative all factors indicate that the debt incurred by the spouses should be distributed between them.

This is also confirmed by the decision of the Plenum of the Supreme Court of Ukraine dated December 27, 2007 No. 11, which notes that when distributing the property of the spouses, debts arising from the obligations of prisoners in the interests of the family are also taken into account.

Thus, if loans were taken for general needs, they are subject to distribution equally between the spouses, as provided for by the articles of the IC of Ukraine. In this case, all loans are taken into account, regardless of whose name they were issued.

And when the loan was taken for the individual needs of one of the spouses, then this person is responsible for these obligations independently. That is, if one of the spouses took a loan for a car, then he himself is responsible for repaying this loan.

If you need help in resolving issues of distributing credit obligations between spouses in the event of a divorce, please contact our experienced specialists. Leave an application on the website or call the indicated phone numbers and the lawyers of Prikhodko and Partners will provide you with professional advice and assistance in this matter, as well as prepare all the necessary documents.