Usually, obligations in marriage are formalized by mutual agreement, and the loan is paid from the family budget. But situations are possible when one of the spouses draws up an agreement without the consent of the other, or there is not enough money to pay. Should a wife pay for a loan issued to her husband, and what should she do to protect herself from possible liability?

Can a husband sign a loan agreement for himself in secret from his wife?

Civil law does not stipulate the requirement to obtain written consent from the second spouse to draw up a loan contract.

In practice, when concluding a loan agreement, agreement with the husband or wife is not required. An exception is applying for a mortgage or car loan. In this case, the acquired property becomes the joint property of the married persons. Consent to issue such a loan may be requested at the discretion of the bank.

Is the wife liable for her husband’s loan agreements?

Without a formalized marriage contract, loan obligations, as well as joint property, are divided equally.

If an agreement has been concluded between the parties, then responsibility is distributed in accordance with the relevant clause of the agreement. If the situation is not discussed in the marriage contract, then the division of debts occurs according to the law.

If one of the spouses fails to pay their obligations, the bank may go to court. When considering a claim, it is not so much the fact that the consumer loan was issued without the knowledge of the husband or wife that is taken into account, but rather the purposes for which the funds were spent:

• personal - if the borrowed amount was spent solely on the needs of the borrower, then his spouse should not be liable for the obligations assumed;
• family - if, for example, a husband does not pay a loan that he took out for joint purposes with his wife (apartment renovation, vacation, etc.), then both parties can be awarded repayment.

If the loan was spent on the needs of the family, then the responsibility will be divided, even if the second party to the marriage did not know about the agreement. For example, if a husband made repairs in an apartment using loan funds, and told his wife that the money was his personal.

Important! Even if the husband’s loan is recognized as joint, the wife will not be required to answer for the obligations with personal property. An exception is if the spouse is a guarantor under the contract.

The court can only force the court to pay off the obligations using assets received during the marriage. For example, if spouses have an apartment purchased jointly, the court will first allocate the debtor’s share (half or another part, if this is provided for in the marriage contract or other circumstances). If this amount is not enough, then the share belonging to the second spouse will be sold. Property donated or acquired before marriage and/or other personal assets cannot be used as a tool to pay off credit debt.

A loan issued during a marriage will be divided in the same way if the former spouses divorce.

Should a wife pay a loan for her husband after his death?

In a situation where one of the spouses dies and the unpaid debt remains, the procedure for inheriting credit obligations occurs according to the following principle:

• if the borrower has other property that the heirs want to transfer to themselves, then this is only possible together with the obligations;
• If the deceased has no other property that can be inherited, then the assumption of responsibility can be refused.

The wife will be liable for her husband's obligations only if she enters into inheritance rights. If there are several claimants to the property, then the distribution of financial responsibility to the bank among the heirs will be determined by the court.

Important! Entry into inheritance rights is possible after 6 months from the date of death of the debtor. If the husband or wife understands that they will assume obligations, then the debt must be paid immediately after the death of the borrower. Otherwise, penalties and fines will be assessed for failure to fulfill obligations, which must be paid.

Will a wife be given a loan if her husband has a bad credit history?

When drawing up a loan contract, banks take consent from the potential borrower to process personal information about themselves, including the opportunity to make a request to the Credit History Bureau.

If the husband is on the “black list” due to non-payment of loans, then the wife can take on new obligations, since only her reputation will be checked. An exception is the situation if the amount is taken from the same bank from which the husband received a loan. In this case, permission to view financial information has already been received by the bank, and current overdue payments are already visible to employees.

But in practice, even the fact that the bank learns that the applicant’s spouse has a negative lending experience rarely becomes a reason to refuse the application. But if there is other negative information, a bad reputation can become a decisive factor.

How to protect yourself from your spouse's loans

It will not be possible to prohibit a husband or wife from taking responsibility for themselves - a capable person does not need the permission of other persons to apply for a loan.

The only solution would be to draw up a marriage contract, which will contain a clause stating that only the party that “collected” them is responsible for loan obligations. It is best to contact a lawyer to draw up such an agreement - a specialist who constantly faces such issues will take into account all the nuances of a particular situation and draw up a document in such a way that it will be impossible to recover the amount.

What to do if your spouse secretly took out a loan

If they start calling from the bank and saying that the borrower is not paying according to the agreement, then his or her spouse may decide to help with money voluntarily.

If there is no opportunity and/or desire to repay the loan taken by the spouse, it is necessary to determine whether the funds were spent for common purposes. If yes, then responsibility cannot be avoided.

If one of the spouses faces financial liability due to the other’s failure to pay loan obligations, but the funds were spent by the borrower for personal needs, then this must be proven. In this case, the “reverse” principle applies - the debtor provides evidence that he spent these funds on family purposes, for example:

• receipts for the purchase of goods for apartment renovation;
• witness testimony certifying the fact of joint expenditure of money;
• personalized vouchers or tickets (if the funds were spent on vacation).

If it is not possible to confirm the fact of sharing money, then the court will recognize the fact that the funds were spent on personal needs.

Expert answers

My husband took out a loan that he doesn't pay. Am I responsible?

If it is proven that the money was spent jointly, the court may seize the common property to pay off the debt. Personal funds and assets cannot be used to pay off the loan.

My wife took out a loan without my knowledge. Is it divided in a divorce?

Yes, it will be divided in the same way as other joint property. But to do this you will need to prove that the money was spent on family needs.

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Communication with the bank and debt collectors was unsuccessful: you did not reach an agreement, your case was sent to court, and as a result, a decision was made to forcefully collect the debt. This is how the most difficult period in the life of borrowers begins - enforcement proceedings. Cooperation with bailiffs and possible confiscation of property are not all the troubles you may encounter. Bailiffs may harass your family and threaten to confiscate property to close relatives. How legal are such actions? Let's try to understand these issues together.

How will your debt affect your relatives: legal aspect

According to Art. 80 of Federal Law No. 229-FZ “On Enforcement Proceedings” dated October 2, 2007, the bailiff has the right to foreclose only on the property of the debtor himself. That is, during enforcement actions, the bailiff needs to establish the ownership of the property. The principle of “presumption of innocence” does not apply in this case: if the borrower does not live alone, then the person living with him will have to explain and prove (documenting his words) that some of the things are his personal property. The same applies to shares in real estate: it is necessary to submit title documents. Otherwise, the bailiff may seize all expensive property located in the apartment.

Let's give an example. The debtor is in a common-law marriage. When visiting an apartment owned by the debtor, in which he lives with his common-law wife, the bailiff discovers household appliances - a dishwasher, an air conditioner and a plasma panel. Household appliances were purchased by the common-law wife even before she moved into the debtor’s apartment. If the spouse does not declare in front of witnesses that the property is her property and does not confirm this with documents (warranty cards, receipts and checks will do), the bailiff will have the right to subsequently seize the household appliances. A record of the ownership of property by another person must be included in the inventory act: this must be monitored.

If the debtor lives in the apartment of a common-law spouse, the bailiff will not be able to confiscate this apartment or part of it. In this case, a civil marriage is not considered as official; therefore, the debtor has no right to a share in the real estate of the common-law spouse.

However, in addition to Art. 80 of Federal Law No. 229-FZ “On Enforcement Proceedings” there is also Art. 45 of the Family Code of the Russian Federation, concerning spouses in an official marriage (or in a civil marriage, if there are witnesses confirming the fact of cohabitation). Let's look at this provision of the law in more detail.

Family Code and loan debts: a possible danger

Article 45 of the Family Code of the Russian Federation allows foreclosure on the common property of spouses for their common obligations or for the obligations of one of the spouses, if the loan funds were directed to the needs of the family. If the common property is not enough to pay off the debt, the spouses are jointly and severally liable within the framework of their own property. That is, the husband or wife of a borrower who has not repaid the debt acquires the status of the same debtor: bailiffs have the opportunity to block their accounts, collect the debt from their wages, etc. It is these threats that can be heard from bailiffs at the beginning of enforcement proceedings.

However, it is important to remember: foreclosure on the common property and personal property of the debtor’s spouse is possible only if there is an appropriate court decision. In other words, if enforcement proceedings were initiated only against the husband (the wife was not a co-defendant), then the bailiff does not have the right to describe and confiscate her share. That is, the provisions of Art. 80 Federal Law No. 229-FZ “On Enforcement Proceedings” (in more detail about methods of debt collection and the rights of bailiffs). In this case, the wife will have to declare her rights to specific property or a share in real estate, which the bailiff will not be able to seize.

Despite clearly stated provisions of the law, bailiffs often try to exceed their powers. For example, they describe the spouse’s property, even if she was not a co-defendant in court, or they do not accept the documents provided as evidence. We will give recommendations that will help you defend your rights and not run into problems during enforcement proceedings.

Self-defense technique: avoiding problems in the process of enforcement proceedings

To prevent you and your loved ones from becoming victims of violations by bailiffs, follow our recommendations:

• The spouse, who acted as co-borrowers and co-defendants, must prove in court that the loan funds were directed not to the general needs of the family, but to the personal needs of the borrower. A statement from the debtor himself or testimony (if the spouses do not actually live together) is suitable as evidence.
• If only one of the spouses was the defendant, it is advisable for the other half to immediately prepare documents for property that does not belong to the debtor, but is located in the apartment, in order to then present them to the bailiff.
• If the bailiff violates the law and describes property that cannot be seized, immediately file a complaint about his actions with the enforcement service.
• When making an inventory of property that does not belong to the debtor, the owner of this property may also apply to the court with a claim to release the property from seizure or exclude it from the inventory, as well as for compensation for losses caused as a result of enforcement actions or compulsory enforcement measures.

Remember that not only bailiffs can break the law, but also debtors themselves, often involuntarily. Do not do it:

• Acquire real estate (for the debtor or members of his family) during enforcement proceedings. This can be interpreted as malicious evasion of repayment of accounts payable (Article 177 of the Criminal Code of the Russian Federation).
• Purchase real estate or expensive equipment if the instructions of the writ of execution were not fulfilled due to the lack of property that you can foreclose on. The creditor may re-submit the writ of execution to the bailiffs within 3 years from the date of its initial return.

By knowing the laws and following our recommendations, you can avoid a number of problems and defend the rights of your loved ones. Remember that bailiffs do not always act within the legal framework, and in case of any controversial situation, contact the enforcement service in person or by telephone to find out whether your rights are being infringed upon in the process of carrying out enforcement actions.

It has become much more difficult to collect retail loans from spouse-borrowers, and for the borrowers themselves to shift the loan burden to their life partner. The Supreme Court recently, in fact, abolished the presumption of joint payment of debts of married partners. Banks are preparing to tighten the risks by advising married borrowers to obtain the written consent of their partner in advance for loans of several hundred thousand rubles.

The other day, the Supreme Court published a review of judicial practice for the first quarter of 2016, dated April 13. It follows from the review that when one of the spouses enters into a loan agreement (including a credit agreement), the loan debt can be recognized as common only if it was taken out for family needs. In this case, the burden of proof lies on the party claiming distribution of the debt. Until now, it was assumed that if one of the spouses takes out a loan, then it is for family needs, and, as a result, in the event of non-repayment of the loan, the bank could demand both spouses to answer for it. Now this presumption, in fact, is canceled, and collecting debt from the spouses’ property will be much more difficult, according to participants in the banking market. The review will be brought to all courts of the Russian Federation, which means that they will make similar decisions on similar disputes.

According to bankers, this document changes existing practice. "Now within Art. 45 Family Code* In case of non-payment by the borrower when foreclosure on his property, the bank can foreclose on the common property of the spouses when receiving a loan for the needs of the family. If it is not enough, then the spouses bear joint liability with the property of each of them. This is exactly the practice that banks use when collecting loan debts. The new position of the Supreme Court can change the situation,” says Alexander Bauken, deputy head of the legal department of Chelindbank.

To date, the courts have proceeded from the logic that, until proven otherwise, all loans received by spouses are taken for the needs of the family, notes SDM Bank lawyer Alexander Golubev. “I remember a court dispute when the wife claimed that she did not know about the cash loan her husband had received for his personal business in Cyprus. But since she could not prove this ignorance, the court distributed the responsibility for repaying the loan between the spouses. If such a dispute arose after release of the Supreme Court review, it would not have been possible to transfer part of the credit burden to the spouse,” he argues.

Such situations are very common.

"I had a case in my practice when a client took out a loan for 1 million rubles, bought a car and gave it to a friend. The wife didn't know. And during the division of property, when not only the rights acquired during marriage are divided, but also obligations, the husband tried to shift the loan obligations to his wife"says Tamila Sakvarelidze, a lawyer at the Moscow Bar Association "Nikolaev and Partners." Or there was a situation when a wife took out a loan to purchase a vacation ticket for her husband. After returning from vacation, the husband filed for divorce, not intending to repay the debt on a loan that was not taken by him , but for him. “It happened,” she continues. The husband inherited an apartment, which he did not inform his wife about, he made repairs to it on credit, but during the divorce he wanted to shift the obligations on the loan to the spouse"

A change in debt collection practices in the situations described is associated with an increase in risks for banks for loans, the issuance of which usually does not require the written consent of the spouse. Now banks enlist them mainly when issuing mortgages. Thus, auto loans and unsecured consumer loans are at risk. “It is not always possible to prove, for example, that a car was purchased by a borrower for family purposes,” notes Vladislav Kotelnikov, deputy director of the distressed assets department of VTB 24.

To mitigate risks, banks are preparing to tighten control over them, namely, to introduce a requirement for borrowers to provide spouses’ consent to receive a loan. “In this case, as with a mortgage now, the obligation to repay will fall on both spouses,” notes Alexander Golubev. According to experts, the new approach may make it difficult to obtain loans. At the same time, bankers plan to first introduce the requirement for the consent of the spouse for car loans as for the largest of the loans at risk.

“I think that in the future all car loans will be issued only with the consent of the spouse,” noted Vladislav Kotelnikov. For other loans, banks will most likely require the consent of the spouse selectively. “I think banks will define materiality criteria under which the consent of the spouse will be required, for example, for unsecured loans from 500 thousand rubles,” noted Alexander Golubev. The largest of the unsecured loans are cash loans.

In most banks, the maximum amount for such a loan ranges from 750 thousand to 3 million rubles. But for consumer loans for the purchase of goods in retail chains (POS loans), consent will most likely not be requested. “Due to the insignificance of the amount: for example, the maximum amount for a consumer loan in our bank is 250 thousand rubles,” says Sergei Vasiliev, vice president of Renaissance Credit. According to Frank Research at the end of 2015, the total volume of the auto loan portfolio of Russian banks amounted to 756 billion rubles, the volume of card loans - 1.3 trillion rubles, cash loans - 4.51 trillion rubles, POS loans - 199 billion rubles.

Last updated February 2019

According to Russian family law, it is believed that not only property acquired during marriage belongs by default to both spouses in equal parts, but also common debts. Based on this, there is a widespread opinion that both spouses are responsible if one of them has a debt. But what to do when the husband took out a loan without his wife’s consent and does not pay?

If the loan is issued to one of the spouses without the participation/consent of the other

So, when the husband took out a loan on his own and does not pay, should the wife pay for her husband’s loan?

Personal debt

From the moment the spouse puts his signature on the loan agreement and provided that there is not a single signature of the spouse in this document, the debt becomes personal and does not apply to general family debts. Recognition of a personal debt is very difficult if the loan was issued with the participation of the second spouse as a co-borrower/guarantor.

Total debt

But it must be taken into account that if the funds under this obligation were spent in full on family expenses (and the legislator does not directly provide for the knowledge of the other spouse about this), then in court the debt can be recognized as common. In this case, the spouses are liable for the obligation together.

When a spouse took out a loan with the knowledge of the other spouse, but cannot pay

In this case, the amount of the debt will also be collected from the spouse indicated in the contract. If the husband is unable to pay the loan, usually the wife makes monthly payments on a voluntary basis, subject to her ability to pay. In this case, the purpose of the loan - personal or general - does not matter significantly.

In the case where a spouse who is not related to the problem debt does not work and does not have the opportunity to provide for the loan obligation, no one will be able to forcibly collect the amount of debt from him (seize accounts, foreclose on property, etc.).

If the loan is issued to both spouses, where they are co-borrowers

In this case, there is no need to say that the second spouse did not know about the debt, since the signature in the agreement confirms his awareness. When spouses are co-borrowers, the recovery of the loan will be applied jointly and severally to their property, both joint and personal.

The loan is issued to one of the spouses with the participation of the second spouse as a guarantor

If the borrower wife does not pay the loan, what happens to the guarantor husband?

• Common expenses - usually under agreements of this kind, borrowed funds are taken for family purposes: then the debt is common and is collected from both.
• Personal expenses - if there is evidence that the borrower spent all the funds on personal needs, then there is a chance to recognize such a debt as personal. But even in this case, if the borrower spouse is unable to repay the debt, the remaining balance will be collected from the guarantor spouse.

The marriage relationship is officially terminated, but the debts remain

After a divorce, if the debts were not divided in court, then the borrower also makes payments. But if the ex-husband does not pay his loan, what should the wife do? You need to be patient and follow the rules:

Notify the collection service

If you know about the banks in which the loan obligations were issued, you need to inform the collection service about the divorce that took place and that the spouse was not informed about the debts;

Collect evidence

Stock up on evidence (receipts, contracts, warranty cards) that your items belong to you. In this case, you will avoid the judicial procedure of excluding them from the inventory of seized items. According to the law, foreclosure is applied only to the personal property of the debtor, but often the bailiffs can describe everything valuable that is in the house. In addition, if, in parallel with the divorce, the issue of division was not considered, then the bank has the right to go to court to allocate the debtor’s share in the common property. Based on their judicial practice, banks do not often take such measures (mainly for multimillion-dollar debts or in the presence of very expensive property);

What about the apartment?

If your home with your ex-spouse is the only home, then the court does not have the right to take it away, unless we are talking about a mortgage debt. But it is better to sell the joint property as quickly as possible and resolve the issue of living separately in a single-ownership home. Thus, in the case of collecting debts from an ex-husband, a ban on the alienation of real estate is likely to be imposed as interim measures if the debtor owns at least some square meters. In this case, if you want to sell a shared apartment and purchase a separate home, which is the logical desire of divorced people, it will be impossible until the debt is fully repaid.

Rights that a guarantor, including a guarantor-spouse, should be aware of

In addition, the guarantor must bear the burden of the debt in the event of insolvency borrower, you need to know that:

• The guarantor must pay only after a court decision

The guarantor is not obliged to pay the loan without a court order.

• If the guarantor wants to pay off the debt without going to court

If the guarantor does not want to wait for a court decision, participate in litigation, and it is preferable for him to pay off someone else’s debt than to go through a legal battle, he can do this, but only if there is a written request for early repayment of the debt. Such a document must be delivered to the guarantor personally against signature or by mail. When the guarantor repays the debt without this document, he is deprived of the right to demand in court the recovery of the paid funds from the borrower, since the moment of “forcement” of payment for the unscrupulous person is lost. borrower.

• The collateral may be transferred to the guarantor

If the guarantor pays off the debt for the borrower under an obligation secured by a pledge (including a mortgage), then the right of pledge automatically passes to the guarantor. When collecting funds paid from the borrower in this case, the guarantor has the right to petition the court to foreclose on the collateral property (including the only apartment, if we are talking about a mortgage debt). To do this, after repaying the debt, you need to contact the bank with an application to provide all the documentation for the repaid loan (bank employees are required to do this), then go to court with a corresponding claim.

When a loan is issued upon request

There are often cases when a loan is taken out for another person. When a friend, relative, acquaintance took out a loan for another person (friend, colleague, etc.), and he does not pay, then there is a high degree of probability of recovery from the person indicated in the agreement as borrower. Of course, if possible, it is better not to undertake a commitment in the interests of another person, but if you still decide to do this, then:

• Loan agreement - when applying for a loan, draw up a loan agreement with the person to whom you give the received loan money. It can indicate the payment periods, their amount, interest rate and responsibility. At the same time, it is not necessary to indicate in a private agreement that these are loan funds, since the transfer of debt is impossible without the consent of the original creditor;
• Transferring money through a bank- try not to give money to the interested party in cash, it is better to transfer it to an account, save the payment slip for use as evidence if difficulties arise;
• Give your friend only copies of documents- to make payments to the friend for whom you took out a loan, he will need details and loan documents: do not give them in the original, it is better to make photocopies and keep all the primary documentation at home.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article; if there is a detailed answer to such a question, then your question will not be published.

Most Russian families take out loans from banking institutions for various purposes. Usually in a marriage, both people work, so fulfilling obligations to a financial organization is much easier.

However, there are unforeseen situations - when the husband took out a loan and died. Often the spouse may not even know about it. Then you should immediately decide what to do about this problem, since any delay can only bring trouble.

The purpose of the article is to tell the reader what to do first. Is a wife obliged to pay a loan for her husband if he dies? How to solve everything by following the rule of law.

In this article:

What does the law say if the spouse dies and the loan is not repaid?

If a person took out a loan and died, what should his loved ones do? The spouse of the deceased is the primary heir and has the right to receive half of the acquired property.

The other part of the property will be divided among the legal successors, which also includes it. In accordance with clause 3. Art. 39 of the RF IC, debt obligations of spouses are distributed proportionally.

The law determines the equality of shares in the event of the death of one of them. Within the meaning of this article, the wife is obliged to repay the loan after the death of the spouse.

The legislator introduced another legal norm - in accordance with paragraph 1 of Art. 1175 of the Civil Code of the Russian Federation, the heirs of the deceased are jointly and severally liable for his obligations. That is, within the limits of the amount of hereditary mass received by each of them.

The creditor has the right to present his claims for loan repayment to the successors of the deceased debtor, both at the stage of conducting an inheritance case to notaries, and to the court. In the latter case, you should remember the statute of limitations, otherwise the judge will dismiss the case.

Credit and life insurance features

In the vast majority of cases, when a citizen applies to a banking institution to apply for a loan, he will be required to enter into an agreement with the insurance company. This is done in the interests of both parties.

There are two main types of insurance:

1. Liability insurance due to the death of the borrower.
2. Insurance in case of death of a person.

Each of these two types has its own characteristics. Accordingly, if the deceased had a loan, the consequences depend on whether there was an insured event or not.

Liability insurance due to death

The agreement is concluded to compensate for the debt on the loan. In case the person died. The funds are transferred to the banking organization. Their amount does not exceed the amount of the loan taken and interest on it.

Legal successors should inform the insurance organization and banking institution about the death of the borrower.

At the same time, he must provide a number of supporting documents. As soon as the situation is reviewed and a positive conclusion is given, the money is transferred to the bank to pay off the obligation. The heirs will not need to pay it off themselves.

Death insurance

This is one of the most common types of insurance. When it is concluded, payments may exceed the amount of the loan taken. The recipient of the insurance can be either the bank or the heirs. The range of persons or organizations that may be recipients is specified in the text of the agreement.

This type of contract is considered more profitable, in terms of the amount of money received, when an insured event occurs. You can not only cover the loan of the deceased, but also make some profit.

Therefore, insurance companies try to find as many reasons as possible not to pay out money. In order not to find yourself in a difficult situation, you should immediately notify the insured borrower of the death, and be well aware of the terms of the insurance.

Situations in which an event may not be recognized as insured

Often, employees of insurance companies, when a person dies, will try to find reasons why to refuse the due payment, leaving his relatives to deal with the problems themselves.

At the same time, far-fetched grounds do not entirely correspond to the letter of the law, and legal proceedings are common.

Conditions under which insurance may be denied include:

1. Death occurred due to a prolonged and severe illness. When concluding a contract, a person is obliged to notify about existing diseases. Therefore, company representatives will look for evidence of concealment of this fact, accusing the deceased of inappropriate attitude towards his health.
2. Suicide. Usually this case is not specified in the insurance contract.
3. Death occurred for unknown reasons. Insurers will refuse to pay the money, justifying this by the fact that the case does not fall under the circumstances specified in the document.
4. If you miss the deadline for contacting the insurance company.

In any of the situations described, provided that the loan amount is significant, the heirs should go to court to defend their rights.

If the life insurance contract has not been concluded

As stated above in accordance with Art. 1175 of the Civil Code of the Russian Federation, then his heirs are responsible for the debts. If there are many legal successors, then the obligations will be jointly and severally - in proportion to the received share of the inheritance mass.

The existing property is most often sold, and the debt is paid off with the proceeds. When the property of a deceased borrower does not cover the loan in its volume, the heirs may refuse to accept it and are released from the obligation to repay it.

When should a wife pay a loan for her deceased husband?

Is the wife responsible for her husband's loans? When entering into an inheritance, the spouse almost always pays off a loan issued to her husband and taken out during marriage.

As a rule, this is possible in situations:

• when she is a co-borrower and guarantor;
• a loan was taken out for real estate - a mortgage.

If such options exist, it is necessary to familiarize yourself with the text of the concluded agreement, which will explain what the consequences are in the event of the death of the husband. In both cases, she will not be able to escape from fulfilling the obligation.

Responsibility of spouses

The legislation provides an understanding of how to resolve this issue. In accordance with paragraph 1. Art. 45 of the RF IC for the obligations assumed, the spouse is liable with his property. If a citizen dies, debts will be repaid from his property. It does not matter whether there are heirs or not.

However, paragraph 2 of Art. 45 of the RF IC indicates when the money was spent on resolving family issues:

• buying a home;
• car;
• household appliances;
• development of joint business.

Then the debt is collected jointly, and the loans will be repaid from the property of the deceased borrower and his surviving spouse, since the debt is considered joint.

The important point here is for the plaintiff to prove that the funds were spent on the needs of the family.

For the car

Buying a car is not uncommon today. When a loan is issued and your spouse suddenly passes away, there are a number of points to consider. Provided that the wife has a driver's license and drove a vehicle, she will be liable for debt obligations.

This fact is missing - it turns out that the husband used the money alone, the wife can refuse to repay the loan, since she did not dispose of the movable property, proving this in court. When the wife acts as a co-borrower or guarantor, she is obliged to repay the debt.

For a common-law husband

Responsibilities between a woman and a man arise only after the official registration of family ties in the registry office. This is not the case, people are cohabitants, actually strangers. Therefore, the common-law wife is not obliged to pay for the loan.

If she is the guarantor, she is obligated to repay the loan. It happens that during legal proceedings the plaintiff proves that the funds taken were spent on the needs of common-law spouses.

Theoretically, the court could require the woman to pay the debt. Although this happens quite rarely.

For housing

When an apartment is taken out with a mortgage, both spouses make payments on it, actually being co-borrowers. According to the law, the widow will be required to repay the mortgage and will have to pay the debt in full.

If she does not fulfill this condition, the housing may be taken away. After all, if the apartment is secured by a mortgage, then the bank has the right to take it away for non-payment under the contract.

However, when the acquired living space during marriage is the woman’s only home, was not purchased on credit and was not pledged to the bank, the financial institution does not have the right to take it away (Article 446 of the Code of Civil Procedure of the Russian Federation).

If the spouse is a guarantor

She is jointly responsible with her husband for the loan taken, including after his death. The spouse, as a guarantor, is required by law to pay the loan.

However, there are several nuances here, namely, she may bear joint and several liability under the contract.

Let's look at the features:

1. In the first case, she will have to repay the money (loan body, penalties and fines) after the delay.
2. In the second, through the court, prove the impossibility of the borrower to bear obligations under the loan, and only then respond in accordance with the terms of the concluded legal relationship.

It is recommended to be careful about such things, since the responsibility will fall on the spouse. Here you need to first calculate and carefully read the terms offered by the bank at the stage of concluding an agreement.

If the spouses are co-borrowers

A very common situation and similar to a certain extent to a guarantee.

In this case, she automatically becomes the payer and bears joint liability for the obligation.

Provided that the family relationship is not registered in the registry office, but the woman is a co-borrower, she must repay the loan obligations after the death of her cohabitant. After which she will have the right, by way of recourse, to return the money from the heirs of the deceased.

The role of a co-borrower or guarantor

The main purpose of the participation of these parties in the agreement is to ensure compliance with the agreement before the banking organization. However, each of these concepts has its own nuances.

This person has the same rights and responsibilities as the borrower. His role is not only to ensure the return of money - due to his financial capabilities, the loan amount can be increased.

Any legally capable person can become a guarantor. When a mortgage is issued, the spouses automatically become co-borrowers. The bank usually immediately makes claims against them in case of late payment.

If the borrower fails to fulfill his obligations, the guarantor is responsible for him. As a rule, this can be either a legal entity or an individual.

The solvency of this person is assessed by the lender in case of risk insurance and should be high, but is not taken into account when determining the amount of the loan issued.

If there is a delay, the bank can contact this person, but on the condition that the borrower will not be able to make payments.

Special Moments

They exist almost always when any legal relationship arises. After all, obligations are implemented for long periods from a year to tens of years. When the husband dies and the loan remains, the wife and her children actually accept the debts of the deceased.

The heirs may try to challenge the fact that obligations to repay the loan are imposed on them in court or even refuse the inheritance, which may not repay the amount of the debt.

The bank's management understands that the spouses may divorce or the borrower may die, and as a result, returning the money may be difficult.

Therefore, in some cases, a special procedure for repaying the loan is provided in case of unforeseen situations. They are usually fixed in the contract on the basis of the norms of current legislation.

For your ex, if divorced

From the moment of divorce, people lose any mutual obligations, with the exception of paying child support.

If the loan was taken out before the official termination of the marriage, then claims may be brought against the ex-wife by the bank in the absence of payments.

However, you can legally defend your rights and not pay your debts.

This can be done in the following situations:

• the ex-wife did not know about the debt and the funds from it were not used to resolve family issues;
• if the financial organization’s arguments are not taken into account, then there is no need to follow the creditor’s lead; let him prove his rights in court;
• the debt is not recognized as common and will be repaid through the share of the property of the deceased former spouse.

However, provided that the loan is recognized by the bank as common and concluded in marriage, the woman will pay for it.

Note! During a divorce, both parties need to agree on all the nuances related to loan payments so that there are no unpleasant situations later. After the divorce, the spouse is not required to pay new debts for her deceased husband.

Father does not pay the loan, what should the children do?

And you don’t need to do anything! Article 45 of the RF IC clearly states that his wife should bear responsibility (in the event of death). Obligations under the agreement are also carried out by guarantors or co-borrowers. This rule does not apply to children or other family members.

Provided that the son or daughter has reached the age of majority, and the father does not make the required payments, liability does not apply to his descendants. Even by going to court, the banking organization will not be able to redirect the payment of money to this category of citizens, provided that they did not accept the inheritance.

If we want to go abroad

If the overdue debt is isolated or unsystematic, then penalties and fines are usually charged. In this case, you should not expect any strict measures from the lender.

When the debtor is insolvent or non-payment of the loan and penalties have become permanent, then the bank goes to court to collect the debt.

One of the sanctions that may be imposed is a ban on the borrower traveling abroad. Provided that the spouse is a co-borrower and the amount of debt is large, she may also not be allowed to leave Russia.

What to do if the debt is inherited

First of all, you need to assess the situation and read the contract itself. When the loan is insured, the payments will be covered by the insurance company or the guarantor. Here we must take into account that the guarantor can file a lawsuit in court, trying to recover money from the heirs of the borrower, and he will be right.

The wife of the deceased has rights that can be defended in court. If the scope of the obligation is large and does not cover the property of the deceased, then it can be legally rejected.

Can they force you to pay?

This cannot be done with words or threats or written notices. This can only be done by going to court on the basis of a reasoned decision. When there is insurance or guarantors, everything is decided between these entities.

Legislation protects the interests of the individual, and no one has the right to force a person against his will to pay debts other than his own, provided that this is not provided for by law or contract.

Therefore, you should not respond to banks’ claims if they are unlawful. You need to contact the management of the credit institution to resolve this issue or file a lawsuit.

General procedure for debt collection

When, after the death of the husband, the loan remains unpaid, the bank has the right to return its money. This cannot be done without a court decision - Part 2 of Art. 45 RF IC. After the claim is satisfied, the document is sent to the bailiffs for its implementation.

They, in turn, implement it. You can negotiate with them and agree on a debt repayment schedule.

If such an initiative is not received from the defendant, then the bailiffs will begin to describe the property for subsequent seizure and sale.

Moreover, its market value, taking into account wear and tear, will be reduced by 25% and offered to the creditor to repay the debt.

How to protect yourself from FSSP employees

They are representatives of the state collection service and are obliged to strictly comply with the court decision. The methods they use must be completely legal.

To protect yourself from illegal actions, it is recommended:

• prepare checks, receipts, guarantee cards for all items issued in the name of the widow, which are her personal property that does not fall under the list of property, at the expense of which the loan will be repaid;
• if there is joint liability, you need to urgently visit the FSSP office to agree on a debt repayment schedule, taking into account the family’s needs for food, clothing, and utilities.

When illegal actions are recorded on the part of bailiffs that violate a court decision or the law, you must contact the leadership of the FSSP to eliminate this problem. You should not delay reading the court decision to avoid unnecessary hassle.

Note! If negotiations with the leadership of the FSSP did not lead to the desired result, you should contact the Prosecutor’s Office for protection of violated rights.

Final recommendations for a widow when inheriting property and loan debt

If you still have loan obligations after the death of your spouse, you shouldn’t panic and take hasty steps. You should always act according to the law and not resort to various tricks.

To do this, you need to follow several recommendations:

1. Familiarize yourself with the terms of the contract, determine the points that are related to its implementation and the responsibility of the parties.
2. Assess the volume of the inheritance you receive - it does not cover the amount of the loan, refuse it immediately.
3. When the bank’s demands to collect money are unlawful, go to court.
4. Be sure to take out insurance.
5. Consider whether to become a guarantor or a co-borrower.

By adhering to these simple rules, your spouse will protect himself from possible negative consequences. It is better to prevent possible troubles than to solve them later through the court or other authorities.

Vladimir