How mortgage credit is handled in case of divorce

When a divorce takes place in a marriage that is greedy for good, the soil is to be distributed to the good earned in society, as well as the corresponding deed. In this article I will clarify how you handle the mortgage in case of divorce.


Types of Economic Regimes in Marriage

mortgage credit

The way in which a mortgage is handled in the event of divorce depends on the matrimonial rules implemented by the opposing couple. It is what myism determines and demarcates the economic and pecuniary interests that govern marriage.

In Peru there is only the matrimonial property:

  • Regiment of Societies of Gananciales, in which the good, income and deeds obtained during the marriage belong to the spouses in equal parts. There is also the utility that generates the goods acquired by the members before marriage.
  • Arrangement of the Separation of Assets, in which the good, income and debt obtained during marriage belong to the spouse who acquires it.

Unless otherwise specified contractually, marriages made in the Republic of Peru are by definition defective on the basis of the society of income.


How to manage mortgage credit in case of divorce

In the case of a separation of property regime, the culmination of the marital partnership does not affect the mortgage credit. Simply the corresponding spouse keeps his obligation to pay.

Right now, in the case of a greed society, where both the real estate and the respective debt belong to both Portuguese, if it affects the mortgage. And that culminating in the matrimonial society must liquidate the corresponding society of greed.

The options available in this case are:

  • Settle the housing, and use part of the capital obtained to cancel the debt, and divide the rest into equal parts.
  • Cancel the deuda by using it to earn the dividends of the earning society or the individual good. In this way it will keep the property shared over the immovable property that originated the credit.
  • One of you can opt for a purchase of debt, which will allow you to maintain mortgage credit individually, relieving you of responsibility on your behalf.

Particularly I recommend that in the event that one of the spouses has the ability to support a mortgage on their own, it helps a purchase of debt. Even, it is possible that this way I obtain better credit conditions than the original credit.