When buying a house using a home loan, the different marriage and legal union regimes have a direct impact on how this should be requested from the bank.
If you have doubts about this topic and you feel that it is your head that is tying the knot, talk to one of our experts. So you will know the best way to marry your marriage with your home loan.
Communion marriage of acquired
Assuming that the present and future assets of each become common heritage, both spouses must be credit proponents and property owners to acquire.
Marriage in general community of property
As the property to be acquired will be common property, both parties to the couple must be proponents of the housing loan.
Marriage with separation of property
Since there is no communion of any good, Housing credit can be done jointly or individually. That is, in this case the choice is on the couple’s side.
The law allows spouses to choose a different regime (such as de facto union), stipulating what they see fit, within the limits of the law. This is, as it is not a matrimonial regime, it is a couple’s choice take out a housing loan together or separately.
I’m already married, but I intend to transfer my credit. And now?
The transfer of housing credit can result in savings of tens or even hundreds of euros.
If you were already married when you took out the loanboth members of the couple were credit proponents and there were no changes in relation to the initial contract, it is possible to make the credit transfer without changing the ownership of the property.
On the other hand, if you acquired the property and the corresponding credit when one of the tenderers was single but, on the date of the transfer, was already married, the situation may differ.
In a community of property regime, the spouse must become part of the loan (because it becomes a debt contracted during the marriage), and may (or may not) also become the owner of part of the property.
In the separation of property regime, there is no legal obligation to confess the debt (entry into the loan) or to acquire part of the property, and the couple may choose to do so.
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