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Thursday 11 march 2010
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Share debts in the event of divorce


The divorce involves the liquidation and the division of the goods

To present well a project of liquidation of the goods

Using information that you will give to your notary (obligatory if there is a real estate), this one will make the list of your goods and debts, and it is what is called credit and liability. All must be carefully studied and calculated so that nobody is injured.

The preliminary inventory will make it possible each husband to know the financial position of joint sound. You will be able to thus negotiate in all full knowledge of the facts, the division of your goods.

The answers which you will give to the following questions will inform you on the way in which you must divide your goods and evaluate the possible debts:

If you are joint owner of your housing, to which will be allotted the lease?

How will you divide the available assets like those of the bank accounts, notebooks of saving, wallet, titles?

If you obtain the majority of this capital, you can finally finish with more debts.

Will your spouse take the refunding of the common taxes during the year, or you will divide it?

Who will deal with the debts created by the marriage and the consumer credits still in progress?

Will you sell capital, such as the vehicles and the house of family, to pay debts?

Will a spouse pour an alimony for the other unites and the common children?

A spouse T it has an income much higher than the other unites?

Were the increases in the premiums of rent or insurance included/understood in the budget?

What do you hope to make with the life insurance in progress?


Refinancing of mortgage

All the lenders of mortgage deed to the dwelling will need the refinancing before removing the name of one or the other unites mortgage. The company of real loan will look at only the financial results of the spouse by determining acceptability for a new mortgage.
If your spouse takes the house of family, and takes the responsability for the mortgage, to insist for a clause requiring of him to refinance the mortgage to relieve you of the responsibility for future payments.
Also obtain an inoffensive clause in your acts of divorce which make that your innocent responsibility for spouse you of any culpability if your spouse does not pay the mortgage like agreed in your agreement of divorce.

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