Is it possible to take out a mortgage without the consent of the spouse
Posted: Tue Feb 18, 2025 10:22 am
When concluding a mortgage loan agreement with one of the spouses, banks almost always require notarized consent from the other. This is due to current legislation. The only exceptions are situations when the couple has entered into a marriage contract, which provides for the possibility of one of the spouses taking out a mortgage and determines the procedure for dividing the acquired property in the event of a divorce.
Many banks also ask to involve a spouse as a co-borrower, refusing to issue a loan on other terms. Why does this happen? Let's talk about the requirements of the law, bank policies and whether it is possible to take out a mortgage without the consent of a spouse.
Why do you need your spouse's consent to buy a home?
The property that spouses acquire during marriage is their find your mobile number database common property, unless otherwise provided by the marriage contract. Therefore, even in a situation where a bank enters into a mortgage loan agreement, say, with a husband, it will ask for the wife's consent. It must be notarized. A mortgage without the spouse's consent is impossible in this case.
Important legal aspects:
The legal regime of the property of spouses is joint ownership. Except for cases where the law provides otherwise (Article 33, Article 35 of the RF IC).
The law establishes a presumption of consent of one spouse to the actions of the other when disposing of joint property (Article 35 of the RF Family Code, Article 253 of the RF Civil Code).
The consent of the second spouse is of decisive importance for recognizing the couple's debt to the bank as common. In this case, the division of property and joint debts can be carried out both after the divorce and during the marriage (Article 38 of the RF IC).
When dividing property, the common debts of the spouses are divided proportionally to their shares in the property (Article 38, Article 39 of the RF IC).
A mortgage on joint property can only be issued with the consent of all owners (Article 7 of Federal Law No. 102-FZ “On Mortgages (Pledges of Real Estate)”).
Many banks also ask to involve a spouse as a co-borrower, refusing to issue a loan on other terms. Why does this happen? Let's talk about the requirements of the law, bank policies and whether it is possible to take out a mortgage without the consent of a spouse.
Why do you need your spouse's consent to buy a home?
The property that spouses acquire during marriage is their find your mobile number database common property, unless otherwise provided by the marriage contract. Therefore, even in a situation where a bank enters into a mortgage loan agreement, say, with a husband, it will ask for the wife's consent. It must be notarized. A mortgage without the spouse's consent is impossible in this case.
Important legal aspects:
The legal regime of the property of spouses is joint ownership. Except for cases where the law provides otherwise (Article 33, Article 35 of the RF IC).
The law establishes a presumption of consent of one spouse to the actions of the other when disposing of joint property (Article 35 of the RF Family Code, Article 253 of the RF Civil Code).
The consent of the second spouse is of decisive importance for recognizing the couple's debt to the bank as common. In this case, the division of property and joint debts can be carried out both after the divorce and during the marriage (Article 38 of the RF IC).
When dividing property, the common debts of the spouses are divided proportionally to their shares in the property (Article 38, Article 39 of the RF IC).
A mortgage on joint property can only be issued with the consent of all owners (Article 7 of Federal Law No. 102-FZ “On Mortgages (Pledges of Real Estate)”).