Rules for the preparation of a marriage contract in the presence of a mortgage apartment. Marriage contract for an apartment

23.07.2019

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Hello! A family of 4 people (spouse, spouse, two non-adult children (children's children)) sells an apartment and buys another apartment. (Sheet gave a ruling for sale and shopping. Square). Sale and purchased residential area in total ownership. Shares of 1/4 for each family member. The newly purchased residential area is bought for its own and mortgage funds. At the same time, the spouse and spouse operating officially, act as a borrower and with a borrower, respectively. The transaction is notary. The realtor from our sellers insists on the compilation of the marriage contract, referring to the type of property (share) of the apartment we purchase. We are against the preparation of this marriage contract.

Whether the marriage contract is required when buying an apartment 2018

The following is regulated by the following legislative provisions: Article Description of Art. No. 457 of the Civil Code of the Russian Federation, the term is determined by the marriage contract. "The reason does not want to fulfill its obligations on discharge, it will be necessary to apply with the relevant statement in the FMS and the court. Is it possible to make changes to any changes in a broken agreement can be made in two ways: indicators Description voluntarily in bilateral manner forced by contacting the court if for some reason the spouse could not find a compromise, then you can make appropriate changes through the court. But this can be done only if there are essential reasons.

Marriage contract when buying an apartment

Info

If the second spouse can prove his ignorance about the accomplished sale transaction, this can be the basis for appealing the transaction in court. On the other hand, in paragraph 3 of Art. 34 of the RF IC states that in real estate transactions should be adhere to a certain order. So, to make a deal of sale and selling to the buyer, it is necessary to refer to the notary to assure the written consent of the spouse.

The absence of this document serves as a violation of the order, so it opens the ways to challenge the transaction. This rule applies to all transactions that are subsequently recorded or require notarization. How to arrange the consent of the spouse? If you apply to the practice of making the purchase and sale transactions of apartments, then rare sellers themselves ask the buyer a notarized consent of the spouse.

Is it necessary to enter into a marriage contract when buying an apartment?

In the presence of a minor child, the proportion of the spouse with which it remains can be increased to 2/3 - but only by court decision. The marriage contract allows you to establish a different mode of the apartment partition. For example, this property can be completely one of the spouses.
But when this condition is turned on, it is necessary to remember the following important nuances: Indicators Description of violations This should not violate the rights of any of the parties to the interests of minors (if there are joint children) to violations of the rights of one of the parties can be attributed to the complete lack of housing in the case When the apartment is entirely and completely fits the second spouse. The contract that causes it can be recognized by invalid unilaterally through the court. It is also an invalid such situation if a minor is registered in the apartment.

Marriage contract for an apartment

Attention

Whether the marriage contract is required when buying an apartment, of course a marriage contract is not needed if the spouses make out real estate in accordance with the requirement of the Family Code, that is, in general joint property. In this case, in the contract of sale, it is necessary to register two buyers and formulate the text of the contract as follows: "Buyers are buying ... (Property object ..) In general joint property. In this area, it is necessary to submit a copy of the marriage certificate to Russia. This may Being a copy certified by a notary or a copy of the Document Reception of Rosreestra or MFC. In this case, you must have the original for reconciliation.

In MFC, a specialist will make you a copy from the original if you do not have it with you. The original marriage certificate is not necessary to transmit to Rosreestr.

How to conclude a marriage contract in 2018, sample contract

Are the requirements of the realtor legitimate? What is the minimum cost of a marriage contract? Collapse Victoria Dymova Support employee lawyer.ru Hello! Similar questions have already been seen, try to see here: Answers of lawyers (2) Hello! The realtor from you can not require anything at all. This is just an intermediary between the seller and the buyer. The terms of the contract are determined by the Agreement of the Parties, while the seller should not be important, you have a marriage contract or not. The presence of shared ownership of the purchased apartment does not impede the acquisition of you in general joint property or as you like.
The cost of a marriage contract within five to ten thousand, in different notaries they may differ. All services of lawyers in Moscow Definition of a child's place of residence Moscow from 30000 rubles. Recognition of marriage invalid Moscow from 35,000 rubles.

Do you need a marriage contract when buying an apartment

If the divorce took place, and the property of the property did not happen, then any of the former spouses before buying an apartment will definitely have to obtain a notarized consent of the former spouse. When is consent difficult to get? Most often, to commit a given transaction is enough, the oral consent of the spouse. However, in real estate transactions, each having a moment value must be documented.

As well as the transfer of money from the buyer to the seller, it cannot be certified verbally, but only a properly decorated receptacle, and the consent needs to be recorded on paper and assured in a notarial office. Sometimes the spouses refuse to give consent.

In what cases does the consent of the spouse for the purchase of an apartment?

You need to choose the bank not only on the principle of "profitable interest", but also on the basis of their requirements for marital contracts. Currently, there are many agencies providing intermediary services in matters of mortgage. When it comes to such a large purchase, like an apartment or a house, do not need to hurry.

The most convenient actions algorithm:

select a suitable bank (and better somewhat);
explore the requirements for documents;
find out the question with the marital contract (at bank consultants);
contact a proven agency;
conclude a marriage contract;
take a mortgage

Important: The bank cannot get "uncomfortable loan", therefore, if there are doubts, you can always refuse. Video: Family Purchase - Marriage Treaty and Real Estate No matter if you buy an apartment or a house, before marriage or already concluding it.

Conclusion of a marriage contract when buying real estate in marriage one of the parties.

For example, spouses can specify: all purchased immovable property goes to the ownership of one of them, and after the divorce does not lie down. This item of the contract does not correspond to the RF IC, but it is completely legitimate, since the parties have agreed with each other and voluntarily concluded a marriage contract. In the same way in the contract, it is fashionable to indicate that it is not necessary to obtain the consent of the second spouse under real estate transactions.

The apartment is transferred to one of the spouses as a gift.
The apartment is part of the hereditary mass coming down in the will or by law on the disposal of one of the spouses.
No consent is required and when the second spouse issued a power of attorney to the first to make a purchase and sale transaction.

How to make a marriage contract for an apartment purchased in marriage

In this case, the child's right to the housing area is more priority than the provision of the contract. It must be remembered that only acquired property applies to the jointly htorated property. If the gift was framed, on the basis of which one of the spouses was transferred to personal use of the apartment, it must be remembered that it cannot appear in the marriage contract. Since the right to its ownership always remains for being gifted, without exception. Similarly, things are dealing with other property (car, luxury objects). Real estate can remain a child on the basis of the Family Code of the Russian Federation, the child does not have the right to belong to parents belonging - and on the contrary. But by drawing up a special marriage contract, this state of affairs can be changed. It is enough just to make the appropriate item in the contract.

The ability to conclude a marriage contract exists from our fellow citizens by almost two decades. At first she was perceived by Russians as an uninterrupted exotic. Also, unfortunately, perceived now: interviewing the dozen of his friends, the browser of our magazine did not find anyone who would conclude a marriage contract. Moreover, no one ever heard such a document to make someone from their acquaintances or relatives.

This article is a reference and informational material, all information in it is presented for informational purposes and is exclusively informational.

What opportunities gives a marriage contract? Are our people right in that while they ignore them? " »Tries to sort out these and other related issues.

Relics 90s
The topic is to the highest degree of legal, it is not necessary to do without the study of laws. And for the beginning, we asked the experts, what changes were made to the legislation recently - after all, life around is quite violently, laws (completely different, from absolutely different areas) are constantly adjusted. The answer struck: in the legislation regulating the topic of interest to us, nothing has changed. Not that in the last 2-3 years - in general for all time! "The concept of a marriage contract and its content is disclosed in chapter 8 of the Family Code of the Russian Federation, dedicated to the contractual regime of spouses, says Daria Pogorelskaya, Head of Legal Department of MIC GK. - All the rules are valid in the initial edition, which has entered into force on March 1, 1996. No changes have been made in them. "

In the view of the author, such a state of affairs is the best proof of the unclaiming of marriage contracts. Legislation does not change in two cases - when it is perfect and meets all the requests of society (in this situation it is unlikely: since 1996, life has changed very much) or when the law is practically not applied. There is no practice - no complaints of citizens, the pressure of the professional community on the legislator. The child does not cry - the mother does not understand.

A little civilian, and mostly family
We now turn to a more detailed consideration of the laws. A completely tiny mention of the marriage contract is available in the Civil Code - paragraph 1 of Art. 256 says that "Property, accomplished by spouses during marriage, is their joint property, if the contract between them has not yet established the regime of this property".
And in detail the phenomenon is painted in another code - family. There he is devoted to a separate chapter (eighth), including Articles 40-44. Consider their main theses:

The marriage contract may concern exclusively property relations spouses. Costs and income, business, the acquisition of real estate, cars and jewels - this is please. And that's all so on, which is not related to property, it is impossible. "It can not be, for example, the responsibility of the wife is regulated once a week to clean the apartment," says Yuri Sharanov, Head of the Department of the company VESCO REALTY CITY. - In a number of countries, such items in the contract are admissible, but Russia is not included in their number. "

The document may determine these same property rights and obligations. both in marriage and in the case of its termination . To whom the property will get when divorced, the size of future alimony - such items have the right to exist.

The marriage contract may concern how total property of spouses and any part of it. . For example, when purchasing an apartment, you can make a document regarding this apartment. At the same time, all other property (other real estate, cars, etc.) will be considered jointly acquired and in the case of a divorce to share either in half or by court decision.

Agreement is possible both in relation to the existing and in relation to future property spouses. So it is quite possible to paint the mode of ownership for upcoming acquisitions: the wording like "all apartments belong to that of spouses, whose name is in the testimony of property" is completely legal.

Rights and obligations provided for by the marital contract may be limited to certain deadlines either put in dependence on the offensive or from the unaccepting of certain conditions . The main thing from these "conditions" is, it is clear, divorce. But there may be others. For example, spouses jointly own an apartment. In the marriage contract it is possible to write that in the case of the acquisition of another apartment in the name of the husband, this new apartment becomes his property, and the old one goes into the sole ownership of his wife.

Marriage contract can be concluded both before marriage registration and at any time after . So it is impossible to "be late": even if, after 20 years, the spouses suddenly decided to consolidate a legally some reason - nothing bothers them.

For a document must be notarization .

Change the marriage contract or completely stop its action can at any time - but only if desired by both sides . If the spouses cannot agree - they need to go to court.

The marriage contract can not limit the legal capacity or capacity of spouses , their right to appeal to the court for protecting their rights. It also should not contain conditions that put one of the spouses in an extremely unfavorable situation or contradict the basic principles of family legislation . Without unnecessary words, it is clear that it is in these provisions that those who are trying to protest the contract through the court are most often built.

Surrive, but slowly
Various sociological polls give a paradoxical picture. On the one hand, the Russians are generally understood as a marriage contract. Moreover, it is clearly recognized by the usefulness of such a document. On the other - as soon as it comes to make themselves - There are some "internal brakes" immediately work. Probably pressing public stereotypes that prescribe the entanglement and married to think about love, together with the coffin. A man who under the sounds of Marsha Mendelssohn will offer his bride to sign a document containing even the hypothetical probability of divorce, will look like a rough heartless cattle.

I did not exception and telephone survey conducted by our portal in the middle of the past summer (it can be found here: ""). The awareness of the subject 100 percent, but on the question: "Would you have entered into a marriage contract (or is it already concluded)?" - only 10% answered affirmatively. Another 6% "want". And almost half of the respondents (48%) to enter into such a document refuse, another 36% find it difficult to answer.

Real estate market specialists Our conclusions confirm. "I fully agree that our people are shy on this topic, - notes Vadim Lamin, managing partner of real estate agency SPENCER ESTATE. - Institute of Marriage, despite anything, resists new trends, and Russians are more romantics than representatives of Europe. Although a marriage contract greatly simplifies, including in relation to real estate. "

As for statistics, the figures mentioned by most experts were highly modest. "In recent years, marriage contracts has become more. Nevertheless, the number of transactions with them still remains low - in the range of 1-2% , - He speaks Maria Lithinetskaya, General Director of Metric Group. - Most often, marriage contracts conclude wealthy people. The motives can be different: someone is really on the verge of divorce, and someone just thinks about the future. "

"In the segment of the economical segment, the share of transactions under which marriage contracts are concluded is about 2% "," Counts Marina Tolstik, Managing Partner "Miel-Network of Real Estate Offices". Number less than 3% Call Oksana Melnik, Deputy General Director of the "Russian House Real Estate Realtor Company". "As a rule, these transactions were carried out in the segment of elite real estate," adds an expert. - Men's initiators in all cases. "

A little more generous on the estimates was Konstantin Barsukov, Deputy General Director of Relaite Real Estate. "The marriage contracts are now found more than 10 years ago, but the share in the number of transactions performed is, in my opinion, no more than 3-5% "He notes.

And much more compared to other digit called Andrei Vladykin, Head of the Mortgage Department and Loans of the Company "NDV-Real Estate": In his opinion, transactions with marriage contract - 10-15% from the total number.

Stories from life
Mondaying that the theory of suha, and the life of the tree is so magnificently green, we asked our consultants to bring concrete examples. And how the marriage treaty helped someone. And how this document was not timely compiled - with the saddest consequences ... experts responded - here are their stories:

Marina Petrova, partner of the law firm "Alliance / Tessetor, Kuznetsov and Petrov":
Wife stayed in the apartment
One client, let's call her Irina, in my advice concluded a marriage contract before buying an apartment. The parties stated that in the event of a marriage of children, the apartment in the event of a divorce will remain his wife, the husband will receive compensation in the amount of 30% paid within a year after the divorce. Marriage, unfortunately, collapsed, but the spouses were able to keep good relationships. I think this is my merit. After all, they did not have a reason for the quarrel, everything was clearly painted. And what is important, Irina remained to live in the same, convenient place, next to his parents, his friends, kindergarten and son's circles.

Pocket money point
My other client, a young woman of 30 years old, married, stipulated the allowance for himself in advance during and after pregnancy. The groom, as it is found in the bouquet-candidate period, was stopped and all signed. The couple are now two children, they together, but the contract was useful! When the question arose about pocket money during pregnancy and the husband began to express his considerations about their size, a pregnant wife quickly reminded the future of the Father on the funds he pledged to provide her.

Oleg Sukhov, lawyer:
As a marriage contract saved his wife from a former husband ...
Wife owned the apartment acquired before marriage. Already consisted in marriage, she sold this apartment, and the revenues acquired a new one. And insisted on the conclusion of a marriage contract, in accordance with which this apartment has become its sole property. Subsequently, the marriage is terminated, and after a few years a former spouse appealed to the court with a section of this residential premises: at this point he forgot that he once signed a marriage contract. It is this document that served as the basis of the refusal of claims to the apartment. Do not be a marriage contract, the spouse would lose half of the apartment, despite the fact that almost its entire cost was the funds reversed from the sale of her apartment.

... and how with the help of a marriage contract the husband revolved his wife
Second History: A husband under the pretext of improving housing conditions persuaded his wife to sign a marriage contract, according to which she rejected all the property (apartment and cottage) in its favor. Immediately after the re-registration of real estate, the husband filed for a divorce. No matter how soon the wife has already tried to recognize the marriage contract invalid, the court refused the court.

Marina Tolstik (Miel):
Gift from dad
Father on his own money acquired an apartment for his daughter, who was already married. And wanting to keep it completely for her daughter in the future, avoiding disputes between spouses with respect to this apartment, insisted on the conclusion between them the marriage contract.

All gave themselves
Second History: A man acquired an apartment with credit funds. Money on the initial contribution gave his mother-in-law, but, unfortunately, without documents confirming their transfer. As it turned out later, shortly before the purchase of an apartment, the spouses concluded a marriage agreement, according to which the apartment is the personal property of her husband. Now the spouses are going to divorce, and there is a high probability that the daughter and mom will not be able to return money invested in the apartment.

Konstantin Barzukov ("Relat-Real Estate"):
There is no hope of hope
The story is very typical, and she brightly illustrates the situation when it was necessary to conclude a contract, but, unfortunately, this was not done. Wife before marriage owned a one-bedroom apartment. Consisted in marriage, she sold it (about 4.5 million), and the spouses bought a new one-bedroom for 6 million rubles.

When it came to the divorce, the spouse declared a new apartment with joint property - and, accordingly, he demanded half of its prices. The fact that the joint money was spent 1.5 million rubles. (i.e. his real "share" is only 750 thousand), he ignored. I advised to rely on the fact that both transactions were held at the same time.

Judicial practice shows the futility of such evidence, since there is a clear norm of the law: "Property charged with spouses during marriage is their joint property, if the contract between them is not established by other regime of this property." Most likely, the court in this situation will share the apartment between spouses, and as a result of family life, this woman will lose 1.5 million rubles, and her husband will "acquire" the same amount.

Summary from Portal.
The marriage contract is an additional tool that substantially facilitating life in various "force majeures". Yes, it is not easy to use it (most often on moral and ethical considerations), but it seems necessary. It turns out much better and more ethical than engaging with a fruit with the deregious property during divorce.

And one more observation, hoped from the above stories. The marriage contract may not only be a means of protection against fraudsters and scammers, but also a tool with the help of which the fraudsters themselves operate (see the second history of Oleg Sukhova and Marina Tolstik). Well, this is also part of the phenomenon - citizens should always think what documents to sign.

Expert opinion:
Natalia Kiseleva, lawyer of the office "Academic" company "Inkom-Real Estate"
The marriage contract does not prevent mortgage
Today, banking practices, as a rule, follows the path that if the apartment on the mortgage is acquired by the face of marriage, the spouse is a coacher on the loan agreement, even if the buyer under the contract of sale will not be. This reduces the risks of the bank in case of insolvency of one of the spouses. And at the same time buyers are deeply realized that the apartment is bought together. Thus, any apartment acquired during the marriage (including mortgage) will be a common joint property of spouses, unless otherwise spelled out by the marriage contract between spouses.

Controversial situations, of course, arise. And, unfortunately, they often arise in the process of marriage dissolved, after some time after buying an apartment, i.e. When correcting something is very difficult. Suppose the spouse sells an apartment that has been inherited. Together with his wife takes a mortgage at the surcharge, and the apartment has a larger square with a surcharge. Accordingly, in the event of a marriage termination, the dispute is obvious - the fixed assets made a spouse from personal funds, i.e. His share should be greater, and the newly acquired apartment according to the law is the joint property of spouses. In this situation, all documents confirming the sale of personal property (contract, a copy of its receipt with a buyer's mark, a transmitter act), save. Unfortunately, in the event of a refusal of one of the parties from a peaceful decision of the dispute, the judicial order cannot be avoided. And here and it is important to confirm the origin of funds so that the shares in the apartment are distributed accordingly.

Today, the preparation of a marriage contract is no longer a rarity. It allows you to facilitate the procedure for the property section in the event of a divorce, as well as be confident in its own property position for each of the spouses. It is especially important to consider in the preparation of such a contract if the spouses have or plan to acquire property of considerable cost, such as an apartment.

Marriage contract for a mortgage apartment

A separate type of marriage contract for an apartment is a contract that is drawn up on housing acquired on a mortgage loan. The main distinguishing feature of such a contract is that it contains not only the rules for the property section, but also the procedure for the division of debt obligations.

Since the mortgage loan must be repaid, regardless of the preservation of marriage or its termination, then this says it is appropriate to register the rules of quenching in the event of a divorce. Depending on the established norms, the mortgage apartment will go as a result of one of the spouses, or will be divided between them, and may be their joint property.

In the presence of disputes and conflicts on the standards and conditions of the marriage contract containing the provisions on the mortgage, it is necessary to contact the court. If the spouses cannot solve the dispute independently, it will be considered by the court session, after which the appropriate decision will be made.

How to make a marriage contract for an apartment acquired in marriage?

The rules for the preparation of a marriage contract for an apartment purchased in marriage, as well as acquired before its conclusion, do not differ from the standard. It is important to indicate the subject of the contract, that is, the real estate itself. To do this, we need to register accurate features:

address;
location;
area;
cadastral number, etc.

In addition, an important point of the contract will be the rights of each of the spouses on the living space, as during a marriage, only after its termination. As the main issues that can be reflected in the contract, are:

whether the living space remains one of the spouses in the event of a marriage termination;
whether it is divided between spouses when decorating a divorce;
if the spouses decided to share housing, then in what fractions and under what conditions.

The rules for the preparation of a marriage contract for housing between spouses provide for the passage of this procedure in several stages:

Determination of the subject of the contract, that is, a specific housing.
Preparation of all documents that may be needed to correctly draw up the terms of the contract.
A visit to a notary, which will prepare the text and assure an agreement between spouses. This procedure will cost about 200 rubles.
Signing a drawdable document.

Thus, the marriage contract for the apartment acquired in marriage is drawn up by general rules. However, it is important to correctly indicate the subject, as well as the rights and obligations of the parties, both during the period of marriage and in the case of its termination. And here it is necessary to comply with the conditions of justice, that is, the interests of each of the spouses cannot be violated contrary to the requirements of the law. Also unacceptable inclusion in the list of contract conditions of those that contradict Russian legislation. In the event of such a contract will be invalid.

Does the contract protect against bailiffs?

The marriage contract, if it is compiled correctly, can protect one of the parties not only from encroachment on the property of the second party, but also on bailiffs. This is possible if one of the spouses is a debtor and a defaulter for any obligations.

In this case, the enforcement proceedings may be initiated in its respect, during which bailiffs have the right to collect property at the expense of debt repayment. In this case, the family may lose part of the joint property.

However, in the presence of a marriage contract for an apartment and another, acquired in marriage, the bailiffs are not eligible to withdraw what belongs to the second of the spouses.

Sample

Since the preparation of a marriage contract for an apartment has its own characteristics, it is necessary to familiarize themselves with the sample for its faithful filling. You can download such a sample in order to know which conditions are included in the text of the specified agreement, and which is not.

In addition, there is a separate sample of a marriage contract for a mortgage apartment that provides for the conditions for repaying a mortgage loan. Their presence in the contract allows you to determine not only the right of each of the spouses on property, but also their credit obligations.

Thus, on the apartment bought in marriage, you can make a marriage contract of the established form. It will help protect the interests of both sides, and, sometimes, to upset one of the spouses from the recovery of part of the property. In addition, if the apartment acquired in the mortgage, the terms of the agreement will be spelled out the rules for repaying mortgage debt. A sample or an example of such an agreement allows you to properly compile and save participants from possible problems.

A significant disadvantage of legal relations in our country is legal nihilism and neglect of the rights that are provided to us by law.

It is believed that the desire to sign an agreement with the future spouse, which would define their status regarding the future of shared purchased property, is dishonest, mercenary.

At the same time, often written design of such documents as a marriage contract for an apartment purchased in marriage may not just help in managing property, but also avoid quarrels on this soil, and often to save the family.

In what cases are needed

Domestic legislation regulating family legal relations, provides for two options of how future (or already valid) spouses will own property that will be purchased by them after official registration as a couple.

The first of these options arises from the law, has a corresponding name and assumes that all purchased property automatically enters the overall joint property of her husband and wife.

An alternative to this regime is the situation in which future marriages conclude an agreement in which it is determined how they will dispose of property, which rights to it will have each and parties.

At the same time, often arise in the practice of the situation when a family couple, already in marriage, suddenly discover the need for some other way (rather than provided by law) to manage the thing purchased during the period in marriage.

Typically, such cases arise when buying a large and valuable thing, more often by immovable (i.e., as a rule, apartments). To solve such controversial (or even conflict) moments between persons consisting of marriage, a marriage contract for an apartment purchased in marriage can be compiled.

In order for the marriage contract to be considered concluded and valid, it must be compliance with two conditions:

he must have a written form in obligatory;
the document must be certified in the notarization office.

Such a spouse agreement may include all points that are directly related to the apartment acquired and are not prohibited at the legislative level, in particular:

how this property will be contained (as you know, contain, for example, a large apartment is a fairly overlined event);
to what extent, each of the society's cell will bear the burden of expenses;
the definition of whom and in what fractions will get the immovable thing if they wish to stop our family relationships by issuing a divorce.

Contract when buying real estate in the mortgage

The most frequent situation when the husband and wife decide to make and sign the document under consideration, is the need to make a marriage treaty when buying an apartment using a credit fund of a credit institution.

Due to the fact that not every newly educated family is able to allow the acquisition of housing to their own funds, great popularity, including in our country, has acquired a mortgage. And at the same time, it is very convenient to conclude a marriage contract for a mortgage apartment, while solving several problems at once:

when granting such a document into a credit institution (including, for example, in Sberbank), the spouses become independent payers of their part of the debt and carry independent responsibility for its repayment;
in the marriage contract, when buying an apartment in a mortgage, the shares of real estate, the owners of which they also become independently;
such an agreement is determined by the responsibility of her husband and wife in cases where one of them stops paying for a loan or periodically disrupts monthly payments, etc.

At the same time, the wedding couple has the opportunity to conclude both a marriage contract for mortgage and the marriage contract after a mortgage to regulate the issue of determining the size of the share and obtaining them in the ownership of each of them separately in the event of a marriage relationship.

How to make up

A typical marriage contract contains all the necessary sections and requirements that are presented to this kind of documents. In this case, the agreement concluded for a specific purpose of acquiring residential premises has a number of features.

On the Internet, you can find many samples of the marriage contract, including mortgage.

But not each of them is suitable for use in real legal relations (at least without fear for its legal literacy and any negative consequences in the future).

So, here are some tips on how to make a marriage contract competently, legally correct, without spaces and double interpretations on the example of a specific situation in the form of a housing purchase with banking mortgage:

the general blank (template) is best taken in one of the search legal systems (whether it is a state guarantor or a private consultant);
the date of conclusion of the Agreement (as well as its identity in the notary) must be earlier than the acquisition of the apartment;
the compiled treaty between spouses enters into force and acquires the form of an official document only after its certification of its official notary;
the document should determine which of spouses (either both immediately, but in which shares) should make an initial contribution required for mortgage issues;
the document certainly contains information on the procedure for ownership of property during the payment of mortgage contributions, as well as after the repayment period of the loan;
in the case of the transition of ownership of an apartment (on certain shares) to one of the spouses, it should be made compensation for the second.

In any case, the marriage contract is the most complex legal document and its preparation requires not only an attentive approach, but also deep legal knowledge.

In this regard, the best option for its development is to appeal to an experienced and qualified lawyer with higher professional education. Only in this case, with a lot of probability, it can be said that the spouses (future spouses) can feel confident and safely, without fear for their financial position in marks or when it is completed in the worst outcome.

How to terminate

Like almost any other agreement, in most cases a marriage contract may be terminated.

In the event that it was the basis for acquiring a residential property in a mortgage and, in accordance with it, the spouses carry commitments to repay the loan, its termination seems to be quite problematic. In the remaining cases, the contract may be terminated by one of two ways:

based on the mutual decision of her husband and wife;
in accordance with the court decision that entered into force.

According to a joint decision, the document may terminate in virtually any case after registering its termination, on the basis of the agreement signed by the parties.

Its form is not legally enshrined and is drawn up in an arbitrary manner indicating the necessary details and data.

But for a court decision, a test basis is required, to the number of which include a repeated gross violation of the Treaty with one of the spouses, a significant change in the circumstances that existed during the signing of a marriage contract, and some other grounds.

Conclusion

Thus, the marriage contract regulating the rights of spouses to the apartment, which they already acquire after the design of family bonds, is an important document capable of solving many issues with property ownership, as well as to warn with possible future disputes regarding real estate in the event of a marriage.

Registration of this agreement is a difficult process that requires legal knowledge, experience and professionalism, because it is best to refer to professional lawyers.

The content of a marriage contract in one form or another has long known to the world. For the first time, the marriage contract appeared in ancient Rome and Greece. Each couple before the conclusion of marriage described its property and agreed about who owns what owns and who all inherit in a particular case. Moreover, the right of inheritance related not only to the real property, but also the future together. Thus, his form has changed little to today.

(click to open)

Answers to these questions will be given in our article. Also during the discussion, we will provide for download the necessary templates of documents: a sample of the marriage contract and a sample of a marriage contract about separate ownership.

Marriage contract - Sample 2019 (filled). If in ancient times, future spouses overwhelmingly concluded similar agreements, today this act is the nature of the exception. The marriage contract may not only facilitate the divorce, but also the issuance of the ambulance of one of the spouses. As a rule, in marriages with a contract, the relationship is stronger, because they are tied up not only for personal, but also on property relations.

In general, the content of the marriage contract is regulated by the Family Code of the Russian Federation, in particular the 42nd articles. But spouses in the present or in the future can make their additions and adjustments on their own.

If the contract was not concluded, then it will have to submit or enter into.

As mentioned above, additions to the Agreement should not contradict the current legislation of the Russian Federation. In this regard, all items must be a valid moral and material character. Thus, the content of the marriage contract cannot include the items of the following nature:

regarding the limitation of the ability to use their rights in action, each of the spouses has the right to choose the genus of classes, professions, sites and residence;
legal restriction - submission of an application for court, consultation with a lawyer, a request for excerpts from judicial protocols and so on;
the contract cannot regulate the relationships of parents with children. The rights and obligations of spouses regarding their children are regulated by law, and not by the parents themselves;
personal non-property relations between spouses are not included. In which cases, one can be offended or rejoice at the second - everyone's personal matter;
regulating property relations after the death of one of the spouses;
the marriage contract cannot contain conditions that could insult one of the spouses;
it is impossible to limit the right to maintain a disabled spouse without sufficient income.

These are the main positions of the content of the marriage contract. Any other items, which in one way or another limit, infringe the rights of one of the parties are not allowed.

The marriage contract must be compiled in writing and is notarized.

To conclude an agreement, you will need:

certificate of marriage (if it is a married couple);
passports;
certificate of the child's birth (if there are children);
documents indicating the participation of spouses in a commercial enterprise;
documents that establish the rights of ownership of property spouses in the property.

Having on the hands of the above documents, the spouses turn into a notarial office. Usually, the notary provides for the signing of the ready-made version of the contract in which the spouses make their amendments and additions. The notary registers and assures the marriage contract - the cost of the notary depends on the following moments:

the state duty payable for notarization is 500 rubles;
payment for finding out technical issues, search for documents, etc. Can reach 5-10 thousand rubles.

That is, in order to determine how much a document is worth a notarium, you need to clearly understand what kind of work will be carried out by the notary and his assistants.

Notarization does not guarantee the rootiness of the contract. The Family Code of the Russian Federation establishes the following conditions under which the marriage contract loses strength:

The marriage contract may be recognized by the court internally or partly on the grounds provided for by the Civil Code of the Russian Federation to invalid transactions.
At the request of one of the spouses by the court, a marriage contract may be invalid if its conditions put this spouse in an extremely unfavorable position, limiting the legal capacity and capacity of the spouse.

Recognition of the marriage contract is invalid by the way.

Based on the mutual agreement, the parties may at any time make changes to the marital contract. This includes a document in which the changes made are indicated. Legal grounds for changing the contract:

unforeseen changes in life circumstances;
irresistible obstacles that do not allow agreements;
infringement of the rights of the spouse (spouse) in the case of the terms of the contract;

Also, by agreement of the parties, you can terminate the marriage contract. The reasons for termination usually protrude as follows:

one of the spouses violates the essential terms of the contract - one-sided refusal to execute the contract;
the circumstances have changed so significantly that the contract has lost its initial meaning

The change and termination of the marriage contract requires notarization. Almost these actions can be performed in court at the request of one of the spouses.

Marriage contract for an apartment purchased in marriage

One of the most expensive types of joint property of spouses, as a rule, is an apartment, so it most often appears in the contract. At the same time, the spouses, entering into a marriage contract for an apartment, purchased in marriage, must take into account the following points:

to whom will enter the ownership of the apartment in the event of a divorce, regardless of who acquired it;
the possibility of transferring an apartment to a minor to a child, as well as the right to stay in the apartment of one of the parents;
removing from registration (extract from the apartment) of one of the spouses in case of divorce.

Marriage contract for mortgage

In the case where the apartment is purchased on credit, the marriage contract, firstly, contributes to the consolidation of the rights of both spouses, that is, in the absence of a contract, the apartment will be divided into a divorce, regardless of who contributed to the first installment and monthly payments. Secondly, the document will help determine the procedure of payments, if one of the spouses refuses to pay the mortgage, but at the same time will defend their rights to the apartment. In addition, the contract for mortgage will help determine:

The procedure for the real estate section in case of divorce;
The procedure for making payments on the mortgage of each part;
Responsibility for violation of its obligations of one of the parties;
The size of the initial payment, and which of the parties takes obligations to be submitted;
The side to which the ownership of the apartment will go after repayment of the loan, and the provision of compensation to the second party;

In the marriage contract, the mortgage also indicates information about the bank providing a loan, and about the purchased apartment: the area, address, full name Future owner, etc.

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