How Not to Pay for a Mortgage in the Event of a Divorce in Russia. Get An Apartment for Free.

If it comes to a divorce in Russia, then you have to share not only an apartment, but also a mortgage. Former spouses rarely live together. One of the spouses always leaves, while the other stays in the apartment. But at the same time, both former spouses are required to pay the loan. Even if, for example, only the husband is the borrower, then in the future he will be able to collect half of what he paid for the loan.

You don't live in an apartment, but you still pay

A very unpleasant situation turns out. You don't live in an apartment. But at the same time, the ex-wife is obliged to pay for the maintenance of the apartment and for the mortgage. A large amount can be obtained per month, about 20,000 rubles. For example, if the monthly payment for a mortgage is 30,000 rubles plus utility costs in the region of 10,000 rubles. Divide the received amount of 40,000 rubles by two.

Yes, in the future there will be ½ share in the apartment. This is already some kind of capital. But is it really that beneficial? Let's imagine that a husband and wife bought a one-room apartment on a mortgage. Divorced a year later. After that, the loan was repaid after 10 years. What to do next? If the ex-husband does not want to sell the apartment, then you can sell your share. But this is not profitable, since we are losing money. A share in an apartment costs less if both owners were selling their shares at the same time.

Let the one who lives in the apartment pay

It is impossible to determine the order of use in a one-room apartment. The court will most likely refuse the claim. How will you divide the apartment? Draw a line in the middle of the room and define the territory? No, it doesn't work that way. Therefore, the former spouses will not be able to live in such an apartment.

Let's say an ex-wife collects things and leaves the apartment. She rents a house. The ex-husband demands to pay half of the mortgage and the communal flat. What to do in this situation? You can file a counterclaim against your ex-husband (or it is better to submit such a claim in advance) to collect money for using your share.

I will explain in more detail. The apartment has two owners. Both have ½ shares. But, one owner lives in the apartment, and the other does not. Consequently, the resident enjoys ½ the share of the second owner and must pay for it.

Accommodation fee

It is necessary to make a conclusion or independently make an analysis of the cost of renting housing in your area. Let's say a commercial rental of such an apartment costs 15,000 rubles a month. Therefore, the other owner must pay 7,500 rubles per month. At the same time, with such a claim, we prove that we do not live in an apartment and do not spend utility bills. Therefore, only one owner should pay for the communal apartment - who lives in the apartment.

What will we win?

In the future, in any case, the ex-spouse will file a claim with the court to recover 50 percent of the mortgage. But at the same time, he himself will owe you some amount. Let's say that over five years he has accumulated a debt to you - 500,000 rubles. In this case, offsetting can be applied. As a result, you can not pay for a mortgage or pay less.

By Ivan Kuznetsov, Russia
Law Firm Website:

ABOUT THE AUTHOR: Ivan Kuznetsov
Ivan Kuznetsov received several higher educations in Russia. Among them are legal and economic education. His general legal experience is 12 years. He is a licensed professional lawyer. The main area of his practice is the protection of foreigners and foreign legal entities in Russia. Speaks English, Russian.

Copyright Ivan Kuznetsov

Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws they may affect a case. For specific technical or legal advice on the information provided and related topics, please contact the author.

Find a Lawyer