Loading ...If you want to ask some question or get qualified recommendations on the rent or sale of dwelling or commercial premises, you can turn to our real estate agency “UMEX Realty”. You can contact us by phone: 2 980 910, 2 980 918 (sales department), 2 912 012 (rent department), or contact form.
Quesion-Answer:
We should notice that in practice of our agency this question is the most widespread. First of all, we find out when the apartment was acquired: before or after marriage. If a property was acquired before marriage the apartment is considered to be yours, and your husband has no rights on it. Therefore, you can manage the apartment without your husband’s accordance. But if the property was acquired during the marriage, then it considered to be common property of the spouses, and after divorce must be shared equally.
“Is there any difference between contract registrations by private or public notary?”
Order of registration of notarial transactions is regulated in compliance with the laws in force. Control over notary activities both private and public is held by notary chamber and justice departments. A notary bears full responsibility for transaction in case when parts interests have been limited or actions being done contradicted the laws in force. Everything mentioned above results that there is no general difference between responsibility and commission of public and private notaries.
It’s quite a common situation. As well as the apartment has been inherited by your husband, he is the only owner of the property in compliance with the laws in force of the Republic of Kazakhstan. Hence, he gets the entire amount received after the apartment sale.
According to the legislation of the Republic of Kazakhstan about marriage and family, regulating law-relationships between spouses, the property acquired by the spouses in marriage is considered to be the common one. If you acquired any property of general usage, such as furniture or home appliances, for example, after divorce it should be divided equally. The property intended only for private use, such as clothes, footwear and other things of private use except for precious jewels and the things of high value (for example, fur coat of precious furs).
Accordingly, your apartment bought during marriage is considered to be the common property of spouses, and you have right to sell it only with your spouse’s accordance. If you are in divorce now, that follows from your question, then your husband’s agreement is not required if it has passed 3 years from the moment of divorce.
“I’d like to get hypothecary credit in bank. What are the consequences if I can’t pay it?”
This question frightens many people, since credits are given for several years, but nobody can prognosticate his nearest future. But you shouldn’t be afraid. If the period of your temporal insolvency comes, then you should contact a bank, write a letter with the explanation of your problem and indication of the interval in which you can solve this problem. With the decision of credit committee, bank-creditor can reduce the sum of monthly payment for this period having increased credit term, or find any other solution. But you shouldn’t avoid the dialog with the bank, escape, miss phone calls, since such behavior can harm and lead to unnecessary troubles. Process of sale of mortgaged apartment is complicated enough. The better thing is to search a buyer with the help of professional real estate agency.
If you plan to remain in other city and need to sell your real estate then it’s possible to do it. You can sell an apartment being mortgaged in cash or find a buyer under the credit that is little bit more complicated. But with the help of our agency you spend minimum of time and forces on these operations. Our experts will help you to organize the process of liquidation of your debts in bank after finding a buyer in shortest terms, liberation of originals of documents, removal of bank arrest, and registration on new owner as well. If your plans do not include sale of an apartment, but only your temporal absence, then you can lease it, for example, having coordinated it with bank. Monthly payments in bank under your credit should be necessarily carried out directly by you. Any confidential agent can liquidate your debts in any accounts department of creditor bank. The main thing is that it should be done in time.
The contract with bank is signed by borrower and co-borrower; therefore they both bear responsibility on repayment of the credit. The credit should be repaid by the borrower. In case if he does not pay, the bank sends you the notice since co-borrower according to the contract of bank loan is the guarantor of duly calculation with bank and is obliged to pay the credit. The bank will not show the claim to your property, because the subject of the mortgage is the acquired real estate only. By the way, it can be made out both on your friend, and on both of you. In case of refusal of the borrower and co-borrower to pay the credit, the real estate is realized by bank after observance of all procedures.