Regardless of whether the apartment was purchased with a mortgage from relatives, a developer or other owners, if purchased during marriage, it will belong to both spouses. It does not matter who the housing is registered to and with whom the mortgage loan agreement is concluded. However, the situation can be changed if a marriage contract is concluded - then the property is divided in the proportions specified in the document during a divorce, or goes to one of the spouses in its entirety.
The same applies to mortgage registration. If spouses purchase real estate during marriage, the bank will require consent from the second spouse (with whom it does not enter into an agreement) or will ask to involve him/her as a co-borrower. Creditors usually ask to allocate equal shares - 1/2 to each spouse. The only exceptions are situations when the couple has children and, for example, used maternity capital to pay off part of the mortgage.
In what cases can a bank refuse a mortgage between relatives
The law does not prohibit real estate purchase and sale transactions changsha mobile number database between relatives. However, the bank may refuse to issue a loan. It is guided, among other things, by its own security policy and seeks to minimize risks. Therefore, it rejects suspicious transactions or asks the borrower to change their terms.
What may lead to failure:
Undervalued housing - if you buy an apartment at a price significantly lower than the market price, then this is a reason to suspect a fictitious transaction.
The seller does not have another home - this is suspicious, especially if we are talking about a situation where the transaction is between interdependent relatives.
Concealment of data – if the borrower does not initially disclose that the seller of the property is a close relative, this may also influence the decision.
Lawyers recommend immediately providing the bank with full information. You should not hide the fact that you are buying an apartment from a relative - there is nothing illegal about this. However, you should not understate the cost of housing and conduct fictitious transactions. In this case, questions may arise not only from the bank, but also from the tax inspectorate.