Yulia Dymova, director of the Est-a-Tet secondary real estate sales office, answers:
If you want to divide the shares in such a way that you own 70% of the apartment and your husband 30%, you must either draw up a prenuptial agreement or sign a corresponding division agreement.
Otherwise, all property acquired during marriage, as well as debts, will be joint property between you and your husband. Each of you will be jointly and severally liable for the payment of funds, and in the event of a possible divorce, everything will be divided equally. How to register an apartment in your own name so as not to divide it during a divorce?
How to buy an apartment in order to protect it from the claims of your spouse?
Features and procedure for repaying a military mortgage
If the loan was received as part of a military mortgage, its repayment is carried out from the funds of the targeted housing loan (CHL), which is provided to participants of the savings-mortgage system (NIS) of the Federal State Institution "Rosvoenipoteka". The procedure is as follows: in accordance with the payment schedule, the Federal State Treasury Institution “Rosvoenipoteka” transfers to the serviceman’s bank account an amount equal to the monthly loan installment, which is subsequently written off to repay the loan (there are no additional actions on the part of the NIS participant for this). required). As soon as a NIS participant’s military service reaches 20 years, the funds used by him to purchase housing (repay the mortgage) move from the category of a targeted housing loan to the category of gratuitous subsidies. In this case, it is considered that the CLP has been extinguished.
Important! In order for the “Federal Administration of the Accumulation and Mortgage System of Housing for Military Personnel” to routinely begin transferring funds to repay the mortgage loan, the NIS participant must, within 5 days from the date of registration of ownership of the apartment, provide to the bank that issued the mortgage a package of documents in which includes:
- an extract from the Unified State Register of Rights to Real Estate and Transactions with It (USRP) with a note about the registration of the mortgage in favor of the bank and in favor of the state (taken from the Federal Reserve Service department where the transaction was registered);
- a notarized copy of the certificate of ownership (you can present the original document, and the bank itself will make and certify the copy);
- a copy of the purchase and sale agreement or the original, from which the bank will make a copy and certify it.
The NIS participant is personally responsible for the timely fulfillment of all obligations under the loan agreement in full, as well as payment on time.
The procedure for repaying a military mortgage issued by an NIS participant involves several ways of full or partial early fulfillment of obligations:
- through personal savings;
- with the help of federal budget funds (if the NIS participant has the right to additional payments);
- using maternal (family) capital - MSC.
In the latter case, according to paragraph 4 of Art. 10 Federal Law No. 256 of December 29, 2006, the NIS participant must submit to the Pension Fund of the Russian Federation an obligation, certified by a notary, to register the purchased housing as the common property of all family members (parents, children and other persons living together with them). Moreover, the document must determine the size of all shares under the agreement. According to the current procedure, this must be done within 6 months after the encumbrance on the residential premises is removed (the loan is repaid), which was purchased using the proceeds of a mortgage loan. Such clarifications are provided by the Housing Mortgage Lending Agency on the use of MSK funds within the framework of the Military Mortgage program.
Anatoly Pysin, General Director of the TsDN agency, answers:
It is not entirely clear what exactly the author of the question wants to record on paper - the very fact of independently paying for a mortgage loan or some kind of increased value of his share in the property in this regard.
If the fact is payment, you can draw up a written agreement for this and have it certified by a notary. If the goal is to secure a larger share or sole ownership of this property in the future, a marriage contract should be drawn up. For this document to have legal force, it must be drawn up and certified by a notary.
How to formalize a spouse’s refusal of joint property?
10 facts about prenuptial agreements
General procedure for repaying a mortgage
What is included in the concept of “mortgage loan repayment procedure”? Terms, amounts, frequency of payments and their form (non-cash payment or cash deposit).
Mortgage payments are typically made every month, and typically the lender will set a specific payment period, such as the 15th to the 20th. If the borrower does not comply with the specified deadlines, the bank may fine him or punish him in another way, specified in the terms of the loan agreement.
Typically, the borrower, along with his copy of the signed loan agreement, receives a debt repayment schedule, which indicates the amount of the monthly payment. It happens that the bank that issued the mortgage loan requires that the client deposit into the account the amount fixed in the schedule, accurate to the penny. This procedure indicates that any discrepancy, greater or lesser, is regarded by the lender as a violation of the terms of the agreement: he may charge a fine or even demand that the loan be repaid in full ahead of schedule.
According to the form, the client’s settlements with the creditor can be:
- cash;
- non-cash.
In the first case, money is deposited by the borrower into his loan account through the cash desk of a credit institution. It should be borne in mind that most banks have the following procedure: cash desks are closed in the evening, as well as on weekends and holidays.
With non-cash payments, the borrower can transfer money to the lender from his account opened in a bank. In this case, it is worth considering that, firstly, interbank transfers are a paid service, and secondly, the transfer of funds takes from 1 to 3 business days. You can save time and money by opening your account with the credit institution where the mortgage was issued.
The monthly mortgage loan payment can be made in accordance with the established procedure in cash or using a plastic card through an ATM. But there are also nuances here: a check confirming the transaction does not guarantee receipt of payment on the mortgage loan - do not forget about this! It happens that the funds do not reach the loan account, and the bank considers this a late payment, for which there is a penalty (the specific procedure is specified in the loan agreement). To avoid troubles, it is better to deposit money through an ATM in advance, and also make sure that it has arrived in the loan account by calling the organization where the mortgage was issued a few days later.
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The mortgage repayment procedure allows for the monthly loan payment to be made by the company where the borrower works, withholding the required amount from wages. To do this, you need to contact management with a corresponding statement and discuss the mechanism with accounting.
A borrower who intends to take advantage of the property tax deduction for mortgage housing must carefully check all documents confirming contributions to repay the mortgage - the payer must indicate the one in whose name the deduction will be issued. Otherwise, the tax office will simply refuse payment.
Most mortgage lending programs provide for early repayment of the loan upon expiration of the moratorium (ban). As a rule, the minimum period during which it is impossible to fully (without sanctions) pay off a loan taken is 6 months. At the same time, almost all banks that have mortgage products set a certain initial “step” for early payment (usually from 10,000 rubles). Only if the specified amount is available (in addition to the monthly installment), the borrower can apply to the lender for early repayment of the loan. Each bank has its own application form.
The mortgage repayment procedure allows you to pay off the entire loan amount at once or only a part. In the second case, changes are made to the debt repayment schedule; they can be of two types:
- The monthly payment amount is reduced for the remaining term of the mortgage loan. In this case, the financial burden on the family budget decreases, and if desired, you can take out another loan.
- The monthly payment remains the same as it was, and the loan term is reduced. With this option, the overpayment for mortgage housing is noticeably reduced.
In each specific situation, the borrower himself determines the benefit for himself. But in any case, after early repayment of the loan, the bank must issue an up-to-date payment schedule taking into account all changes.
Issuing a certificate of no debt
Before you make the final payment on your mortgage, you should ask your lender about the remaining balance. Such information is provided by telephone or when the borrower contacts the bank in person - the information can be oral or written (statement). The client deposits money in the way that suits him best.
It is advisable to obtain a certificate of no debt from the creditor immediately after making the payment. This is an official document, which in the prescribed manner must be certified by the signatures of persons authorized on behalf of the lender; it is presented, if necessary, at the place of demand. The certificate can be issued free of charge or for money, according to the existing tariffs of the bank.
The certificate states:
- FULL NAME. borrower;
- the date of full repayment of the debt under a specific mortgage loan agreement, indicating the number and date of conclusion;
- date of issue of the certificate;
- surname, initials and position of the person signing the document;
- a phrase indicating that the credit institution has no claims against the client.
Once the final mortgage payment is made, the loan account is automatically closed at most banks. But if for some reason this does not happen, the borrower should himself write a statement about closing the account in connection with the final fulfillment of obligations on his part. To do this, you will need a passport, a mortgage agreement, a debt repayment schedule and a receipt confirming the last payment.
There is the following procedure for repaying a mortgage ahead of schedule: if the borrower is going to pay the bank in full, he must first agree with the lender on the date of payment and clarify the total amount. Otherwise, the amount of the final payment may be less or more than expected, and long clarification of formalities will follow.
To leave no doubt about your fulfilled obligations, you can contact the Credit History Bureau. It should contain all information about payments on the mortgage loan, the presence or absence of arrears. However, it cannot be ruled out that the data may not be presented in full due to technical delays or the role of the human factor. Therefore, the information should be clarified.
