Agreement on the division of debts of spouses: sample 2021

General provisions

In the RF IC, several articles are devoted to the division of property during divorce. The most important ones include the 38th and 39th. They indicate that common debt obligations are divided equally among each of the spouses, and the same principle applies here as with common property.

But there are a number of exceptions to the rule:

The loan was not issued during marriage, but before marriage. In such circumstances, the creditor (husband or wife) pays off the debt himself. In addition, upon divorce, the second spouse has the right to demand material compensation if money for repayment was withdrawn from the general family budget.
The debt appeared after the divorce. As in the case discussed above, the creditor himself fulfills his obligations.
The loan was obtained during divorce proceedings. If the money is used for general needs, the debts are divided equally.

A written agreement on the division of debts between spouses allows you to avoid conflict situations and disputes during a divorce. It describes the obligations of each party regarding its obligations.

How are the common debts of the spouses distributed when dividing property?

How the loan debt will be divided between spouses depends on who it was issued to.

There are three ways to apply for a loan during marriage:

For one of the spouses;
One of the spouses acts as a guarantor;
Co-borrowers - shared loan.

When a loan is issued to one person, it is necessary to prove that it was taken for the needs of the family in order to divide it equally. During a divorce, it will be taken into account who used this property and to whom it will remain.

If someone alone in the union acts as a guarantor for the loan, this means that if the creditor for whom everything is issued stops paying for it, the credit burden will fall on the guarantor both after the divorce and during cohabitation. In any case, the guarantor will pay the bills.

Personal loans, for example: buying a car that was used only by one family member, money for education, separate vacations, etc., are not divided equally upon divorce.

It is worth considering that there is a practice of fictitious debts - when one of the spouses signs false promissory notes in order to reduce part of the second partner’s property when the union is dissolved. Such situations are resolved through the courts and with the help of qualified lawyers.

Application for division of debts during divorce - list of documents

The main points that are indicated in the application are:

Full name, passport details of the plaintiffs;
Period with dates from and before marriage;
Subject of the claim: what and how much should be divided;
In what shares should the property be divided?
The articles of the legislation of the Russian Federation on the basis of which the division should take place are indicated;
Date and signatures.

The following documents are attached to the application:

Confirmation of marriage and divorce;
Papers that confirm payment for things, their ownership;
A copy of the application.

How to file a claim for division of debts during divorce?

The statute of limitations for the division of debts after divorce is 3 years. It starts with two points:

Dissolution of marriage;
When one of the parties learned about the debt. This may be after the divorce.

Depending on the amount of debt, you must contact:

To the court at the place of residence, if the amount is less than 50 thousand rubles;
District or city, if more than 50 thousand rubles.

Division of debts upon divorce of spouses - sample application

When filling out this section, you must be as precise as possible. Basic requirements for filling it out:

A complete list of property for division;
Describe items accurately: indicating brand, size, color, series, cost. Vague wording is not accepted, eg TV. You must indicate: Sumsyng TV, series 2347653, year of manufacture 2002, dimensions 35 inches, cost 8,000 rubles.

For real estate, indicate the number of floors, total and residential footage, number of rooms, location.

It is necessary to prepare proof of the value of things, as the court may request them. If any documents are lost, you can contact an independent appraisal company to conduct an examination. This is more relevant for expensive items, since you will have to pay extra for the company’s services.

Personal belongings are not subject to division: clothing, shoes, with the exception of expensive and luxurious items.

Sample statement of claim for division of debt

State fee for filing an application when dividing debt between spouses

The state fee must be paid before filing a claim, and proof of payment must be provided along with the application.

The amount of the state duty depends on the price of the claim; it is paid by the plaintiff. If the case is successful, it is possible through the court to split the payment of the state duty with the defendant.

The calculation of state duty is prescribed at the legislative level:

If the claim price is up to 20 thousand rubles - 4% of its value. The minimum fee is 400 rubles.
If the claim price is from 20 to 100 thousand rubles, a minimum payment of 800 rubles and 3% of the value of the property is paid;
If the total cost of divisible items is from 100 to 200 thousand rubles, the duty is calculated as follows: the minimum payment amount is 3,200 rubles and 2% of the price of the property above 100 thousand rubles;
For a claim in the amount of 200 thousand to 1 million rubles, you must pay 5,200 rubles and 1% of the cost over 1 million;
If the value of the divisible property is worth more than 1 million rubles, you need to pay a minimum duty of 13,200 rubles and 0.5% of the amount over 1 million rubles. At the same time, the legislation sets the maximum amount of state duty - 60 thousand rubles.

When is such an agreement necessary?

According to the laws of the Russian Federation, debts acquired by a married couple during their life together are considered joint. Debt division during divorce occurs in two ways:

By agreement (out-of-court procedure).
Through the court.

Lawyers recommend resolving financial issues without going to court. This path involves personal communication between spouses and agreement on debt repayment issues. To consolidate the position, each party draws up a debt division agreement.

Drawing up a contract has a number of advantages:

resolving the issue of debt obligations peacefully;
saving time;
reduction of costs that inevitably occur during court proceedings;
maintaining friendships after divorce;
no difficulties with the division, because the agreement discusses the terms of payment of debts, the amount of payments and other information.

In the absence of an agreement or violation of agreements, the spouses have only one option - going to court. The latter takes into account the circumstances of the case and makes a decision taking into account the requirements of the law, and not the wishes of the couple. To make a fair decision, the judge must have a complete package of evidence in his hands.

Who verifies how it is performed?

The process of concluding an agreement on the division of credit debt does not carry with it the obligation for the spouses to formalize the specified document in a notarial manner - this action is only the right of the parties to such an agreement. But, despite this, the agreement has the same legal force as a court decision, and its terms are subject to mandatory compliance.

If one of the parties for any reason refuses to fulfill its credit obligations stipulated by the transaction, then the second spouse has the right to apply to the judicial authorities with a statement of claim to apply coercive measures against the unscrupulous debtor.

Types of debt sharing agreement

When considering contracts drawn up between spouses, it is important to take into account the characteristics of each of them. Today there are two types of agreements - before or during the trial. In both cases, we are talking about the division of debt obligations, but the principles are slightly different.

Settlement agreement

If the matter comes to trial, the parties at any time have the right to draw up a settlement and sign a document indicating further steps. Legally, such an agreement is perceived as a court order and begins to operate after 15 days from the date of execution. When a settlement agreement is concluded, court proceedings are stopped.

Design requirements:

Respect for the rights of spouses and third parties if they participate in the trial and are interested in resolving the issue.
The ability to draw up only one claim, for example, only debts or a child.
Strict control over the implementation of the decision made. If any of the spouses does not fulfill the agreement on the division of debt obligations, FSSP employees take charge of it.
Voluntariness of registration. In matters of settlement agreement, coercion of participants to perform any action (purchase, sale) is excluded. The agreement only states the obligation to transfer a certain amount.

When concluding a settlement, the spouses stipulate who exactly will repay the debt and in what amounts.

Agreement on the division of debt obligations of spouses

This method involves pre-trial settlement and execution of an agreement. The agreement is drawn up before filing a claim in court and is considered the best way to resolve the issue of debts. Notarization is not required.

Peculiarities:

Credit debts are not subject to assessment and do not require the provision of certificates.
The agreement can specify all issues related to finance, including the division of property.
The amount of financial obligations for each spouse is determined individually.

The advantage of this method is that there are no strict requirements for the content of the document. In doing so, participants must be mindful of the consequences. If the contract is not fulfilled, the injured party files a claim in court.

Joint debt obligations of spouses

One of the most important provisions of family law concerning the division of marital property: joint property obligations (debts, loans, installments) are joint and are divided equally , just like jointly acquired property - by virtue of clause 3 of Art. 39 RF IC.

As a general rule, debts are considered joint and are subject to division between husband and wife. But there are exceptions to this rule. So, if one of the spouses borrowed money without the knowledge of the other spouse and spent it on his own needs and not on the needs of the family, he will repay this debt on his own. But, on the other hand, even if the debt was taken out by only one spouse, but the funds were spent on joint needs, it must be returned through joint efforts (see “Division of debts upon divorce of spouses”).

A few more significant provisions of the law regarding the division of debts :

If the loan was taken by one of the spouses before marriage, then it will be repaid independently, without sharing loan payments with the second spouse. Moreover, in the event of a divorce, the second spouse has the right to compensation for funds that were used to repay a personal loan from the joint family budget;
If the loan was taken by one of the spouses after the divorce, he will also repay it independently;
If the loan was taken out during the divorce process, the debt obligations will be divided between the divorcing spouses if the funds were spent on family needs.

A separate category of debt obligations that are not subject to division between husband and wife :

alimony and alimony debt;
compensation for damage caused by one spouse to another person;
debts arising due to unreasonable spending of family budget funds to meet personal needs (casino games, spending on alcohol).

How to draw up an agreement

To avoid controversial situations, it is important to know how to correctly draw up an agreement on the division of loan obligations. Ideally, you need to have a sample in front of your eyes. If it is missing, it is important to adhere to the rules below.

Content

When drawing up a document, it is necessary to adhere to the general principles of design and ensure that the information is displayed completely. The agreement must contain the following information:

Information about the husband and wife, namely full name, birthday, address, information from the passport.
Explanation of loan obligations. It is important to display in the agreement the day the loan was issued, the total amount, information about the creditor and debtor.
Agreement on debt repayment. It is necessary to indicate who, when, and in what amounts should pay. Depending on the agreement, the parties repay the debt in equal parts or different shares.
The day of the agreement.
Confirmation of familiarization with the document (signature).

The contents of the agreement may vary depending on the situation, but information about the parties, payment details, date and signature are required.

List of documents

A number of documents are attached to the agreement. The package includes:

couple's ID cards
marriage or divorce certificates
documents from a bank or microfinance organization confirming the availability of a loan;
statements with information about debt repayment;
debt for housing and communal services, receipts and other evidence indicating the existence of debt.

Termination of the agreement

By agreement, husband and wife have the right to voluntarily terminate the contract. For this purpose, another document is drawn up indicating the reasons for this decision. Termination must be a joint decision. It will not be possible to do this on the initiative of any one party.

Causes:

violation of the laws of the Russian Federation when drawing up;
failure to comply with the terms of the document;
non-compliance with the rights of any of the spouses and indication of conditions that obviously place a person at a disadvantage.

In most cases, the court meets the applicants halfway and grants the request to terminate the contract.

Questions and answers

In conclusion, here are some questions and answers regarding the topic under consideration. People faced with the division of debt obligations often ask:

What is better - court or voluntary agreement? Lawyers unanimously declare that on the issue of division of debts it is better to agree and formalize an agreement on the division of debt obligations. In this case, you can avoid legal costs and reach a compromise faster.
What liability is provided for failure to comply with the terms of the contract? Much depends on the content of the document. If the agreement stipulates the spouse’s obligation to repay the debt to the bank, in case of delay, the borrower is liable to the creditor. The latter has the right to charge fines and penalties. Sometimes the document includes instructions for paying part of the monthly payment. If the rule is violated, the second spouse has the right to sue.
Is it possible to enter into a debt division agreement during marriage to avoid paying 50% in the event of a divorce? By law, leaving the contract is allowed at any time. It can subsequently be used in legal proceedings.