Every divorce has very different circumstances. Dividing a dwelling is a delicate but solvable issue.
Important issues affecting the division of the dwelling in the case of divorce:
- Who owned the dwelling? Was it owned by both or one of the spouses?
- Was a home loan taken? Was the loan taken by both spouses together or separately?
Scenarios for the division of a dwelling acquired with a loan
Acquiring a dwelling with a loan the credit repayments on which are still made to the bank can be a major headache. To avoid misunderstandings and confusion, it is necessary to assess and choose one of four possible scenarios with the creditor's consent.
- Scenario 1. Both spouses remain co-owners and co-borrowers and have to repay the loan together after the divorce. The spouses may agree between themselves on the monthly amounts to be repaid. However, this is a risky way to go, as it means assuming liability for the other spouse and, if the other spouse does not pay his/her share, the need to cover it may arise.
- Scenario 2. The dwelling is sold, the loan is repaid and, in the event of a profitable sale, the balance is divided between the spouses. If the proceeds of the sale are insufficient for covering the full amount of the loan, the remaining debt must be repaid by both spouses unless otherwise agreed with the creditor.
- Scenario 3. There can also be a third scenario when the ownership of the dwelling and the home loan can also be transferred to one of the spouses if he/she has sufficient income and the creditor agrees to such scenario. The other spouse may gift a part of the loan covered before the division of the property, or ask for monetary compensation.
- Scenario 4. Under this scenario, ownership of the dwelling passes to one spouse, but both spouses are obliged to repay the loan. In most cases, the dwelling remains with the spouse with whom the minor child or children live and his/her income is insufficient to repay the loan.
It is important to note that if scenarios 2, 3 or 4 are chosen, the creditor's approval will be required.
Details of how to obtain the creditor’s consent and/or other necessary approvals of the creditor are set out in the table below.
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Where to apply |
What documents to submit |
Swedbank’s actions |
Service price |
The mortgaged property is sold by mutual agreement, covering the balance of the loan in full
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Submit a request in your internet bank: 'Contact us' -> 'Write to us' -> 'Request a bank reference -> 'Reference /Permission about mortgage loans'; or send us a bank message: ‘Contact us’ -> ‘Write to us’ -> ‘Write a message’. |
A request for sale of the property should be submitted. |
Upon receipt of your request, we will prepare a consent to sell the mortgaged property on condition that the funds received will be used to cover the loan in full. |
fees |
The mortgaged property is sold by mutual agreement, and the sales price of the property is insufficient for covering the balance of the loan in full
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Submit a request in your internet bank: 'Contact us' -> 'Write to us' -> 'Request a bank reference -> 'Reference /Permission about mortgage loans'; or send us a bank message: ‘Contact us’ -> ‘Write to us’ -> ‘Write a message’. |
A request for sale of the property should be submitted.
In addition, an application for an amendment to the agreement must be completed in the prescribed form, including details of your income, liabilities and other relevant information.
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Upon receipt your request, completed application form and other relevant information, we will take a decision.
If the decision taken is positive, we will prepare consent to sell the mortgaged property. We will also prepare an arrangement to the loan agreement on the terms and conditions of repayment of the loan balance.
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fees
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The marriage is dissolved at the notary’s office and the notary requests the submission of the bank's consent / approval
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Submit a request in your internet bank: 'Contact us' -> 'Write to us' -> 'Request a bank reference -> 'Reference /Permission about mortgage loans'; or send us a bank message: ‘Contact us’ -> ‘Write to us’ -> ‘Write a message’. |
A draft agreement on consequences of divorce should be submitted.
Also, contact details of the notary who requests the submission of the certificate should be provided.
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Upon receipt of the draft agreement on consequences of divorce and the notary’s contact details, we will prepare a certificate about existing liabilities and confirm that we do not object to continuing the fulfilment of the aforementioned liabilities in the manner provided for in the agreement(s); or we will indicate how the terms and conditions of the agreement(s) should be adjusted.. |
fees |
The marriage is dissolved in court and a proof that you have informed the creditor of the divorce proceedings is required
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It is not necessary to order a certificate.
The court may be provided with the following evidence:
- An automatic reply from mailbox of Swedbank, AB;
- A receipt of a registered postal item;
- The bank’s stamp (‘Received’ and signature) on the submitted documents if you bring them to the bank’s branch.
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A draft agreement on consequences of divorce should be provided. |
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The ownership of the dwelling and the home loan are transferred to one of the spouses if his/her income is sufficient
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Submit a request in your internet bank: 'Contact us' -> 'Write to us' -> 'Request a bank reference -> 'Reference /Permission about mortgage loans'; or send us a bank message: ‘Contact us’ -> ‘Write to us’ -> ‘Write a message’. |
A request for the loan transfer and disposal of the part of the property to one of the spouses should be submitted.
Also, an application of the established form should be completed for the loan transfer to one of the co-borrowers. The application should include the data about available income, liabilities and other relevant information.
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Upon receipt your request, completed application form and other relevant information, we will take a decision.
If the decision taken is positive, we will prepare an arrangement to the loan agreement on withdrawal of one of the co-borrowers from the obligation. It will be necessary to apply to notaries for amendment to the mortgage agreement resulting in additional costs of payment for the notary’s services.
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fees |
Both spouses remain co-owners and co-borrowers and have to repay the loan together after the divorce
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No need to apply to the bank. |
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The ownership of the dwelling passes to one spouse, but the loan must be repaid by both spouses
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Submit a request in your internet bank: 'Contact us' -> 'Write to us' -> 'Request a bank reference -> 'Reference /Permission about mortgage loans'; or send us a bank message: ‘Contact us’ -> ‘Write to us’ -> ‘Write a message’. |
A request for transferring a part of the mortgaged property to one of the co-borrowers should be submitted. |
Upon receipt of your request and other relevant information, we will take a decision.
If the decision taken is positive, we will prepare consent to transfer the mortgaged property. In addition, we will prepare an arrangement to the loan agreement and an amendment to the mortgage bond which will have to be signed at the notary’s office.
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fees |
Spouses disagree on divorce, divorce proceedings / legal disputes are pending
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If you need certificates or consents, submit a request in your internet bank: 'Contact us' -> 'Write to us' -> 'Request a bank reference -> 'Reference /Permission about mortgage loans'; or send us a bank message: ‘Contact us’ -> ‘Write to us’ -> ‘Write a message’. |
In your request, provide detailed information and supporting documents reflecting the situation. |
Depending on the individual situation, responses, certificates, etc., may be prepared. |
fees |
If you are facing financial difficulties – read more here.