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What if I get divorced and am paying for the house?

A separation, in addition to the emotional, entails various complications in terms of legal procedures; especially when the marriage union was through joint assets, or, they are paying a debt that was requested on behalf of both, such as a joint mortgage loan.

Although it is best for an expert to handle this case, here you will find extremely useful information that will help you clarify your concerns a little.

In Vivanuncios we share with you what happens if you get divorced and you’re paying for the house.

What to do if I am in any of the following cases:

  • Community Property Marriage
  • Marriage for separate property
  • Infonavit joint credit
  • Fovissste pooled credit
  • Bank joint credit

Community Property Marriage

The regime under which the marriage is contracted is what largely determines what will happen to the mortgage loan. One of the regimes that exist is that of joint property or marital partnership, in which any property or debt that you acquire during the marriage also belongs to your spouse, whether or not they have signed, and vice versa.

When a mortgage loan is acquired and you are married under this regime, the credit continues to be deducted from the borrower’s payroll, unless they reach an agreement. They can sell the house and split the profits or decide whether to keep the house and keep paying for it. Any agreement must be before a notary or through a trial (divorce).

Marriage for separate property

The other type of marriage is under the “separate property” regime, this means that what you acquire before or during the marriage in your name is only yours. Your spouse would only be entitled to them if he inherits them after your death.

If you married under this regime, the mortgage credit It belongs to the person who is accredited in the contract, unless the spouse participates in the credit, this is what happens when joint mortgages are processed. If so, they would have to reach some legal agreement to pay off the remaining debt.

Infonavit joint credit

The Institute of the National Workers’ Housing Fund (Infonavit) is an organization that is in charge of facilitating the delivery of mortgage loans for workers who are working formally and with the corresponding benefits of the law, among them, the affiliation to the Mexican Institute of Social Security (IMSS).

This body provides various types of loans, including joint or conjugal credit, aimed at two workers who marry. If this is your case, you might ask yourself, What happens to my Infonavit house if I get divorced?

The answer is that, while they are paying the mortgage debt, the people who are involved are considered as owners of the property, since the contract is under a title of co-ownership.

For this reason, both parties will be forced to continue paying the mortgage debt month after month until the date established in their contract.

An alternative is that, once their debt is settled, they decide to sell it and each one keeps 50% of the final value when purchased.

Fovissste pooled credit

The Housing Fund of the Institute of Security and Social Services of State Workers (Fovissste) is also an organization that is responsible for providing mortgage loans to state workers registered with the Institute of Security and Social Services of Workers. of the State (Fovissste).

Like Infonavit, Fovissste provides various types of mortgage loans, for example, the spouse. If you decide to divorce and have a marital mortgage loan with Fovissste, in the event that you or your partner stop paying your part, a judicial instance will intervene to change the obligations and rights of the property.

Bank joint credit

With regard to mortgage loans requested directly with a banking institution, it is a situation similar to that of Fovissste in the event of default. However, if it is verified that one of the spouses has the necessary economic capacity to finance the mortgage credit individually, he can delegate the debt to the other person.

Considerations if you are getting divorced

You have to be very aware of how important this decision is, especially at the time of the separation of assets because, in addition to establishing who gets the property and who is going to pay for it, they must also determine what is going to happen with everything. what is inside the house.

Make sure that all agreements are carried out in front of a notary public or through a trial, as there are cases where one of the spouses continues to pay the mortgage loan, but without knowing that the ex-spouse continues to have rights over the property.

Who gets the house?

On many occasions it can be difficult to decide who will keep not only the debt, but also the house itself. We recommend that you take your time to make this decision. Seek expert advice and consider all possible scenarios.

Under no circumstances do you act out of revenge, but do not give up everything for not causing problems either. The distribution of assets, if they have already decided to do so, must be a fair and well thought out process.

If there are children, the spouse who stays with them, who in most cases is the mother, will be the one who will remain in the home. If both spouses will take care of at least one child, the judge must analyze the case.

These processes are usually difficult, we recommend that you inform yourself as much as possible about the procedures and the decisions you must make. Approach an expert lawyer in this type of situation and make sure that all the agreements are reflected in an agreement approved by a judge.

We hope we have answered your question What if I get divorced and am paying for the house? Discover the properties that it offers you vivanciosthe most important real estate portal in Mexico.

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