The Supreme court issued a judicial review for the first quarter of 2016, dated 13 April, from which it follows that at the conclusion by one spouse of the loan agreement the debt may be declared common only if it is taken for family needs. The burden of proof lies on the party applying for the allocation of debt. Previously presmerovani that is taken by a spouse, the credit goes to my family’s needs. As a result, the Bank could require that in case of default on the loan, both spouses answered.
By estimations of bankers, which refers to “Kommersant”, the document of the Supreme court changes that precedent. According to Deputy head of the legal Department of Chelindbank Alexander Baucina, before the Bank in case of default by a borrower when foreclosure on his property could foreclose on the common property of the spouses in obtaining the loan for the family’s needs. At its failure the couple bore a joint liability property of each of them.
Lawyer SDM-Bank Alexander Golubev noted that to date, the courts proceeded from the logic that until proven otherwise, all the loans of the spouses for the family’s needs. He referred this to a legal dispute in which the wife claimed that he did not know about her husband received the credit in cash for his personal business in Cyprus. However, she was unable to prove his ignorance, so the court allocated the responsibility for repayment of the loan between the spouses.
The change of practice in relation to the review of the armed forces is fraught for banks with increasing risk in car loans and unsecured consumer loans receiving banks do not require the written consent of the spouse. Deputy Director of Department of problem assets VTB 24 Vladislav Kotelnikov notes, something to prove, “for example, that the machine was purchased by the borrower for family purposes, it is not always possible”. Therefore, banks are preparing to tighten control over risks is to introduce a requirement to provide the consent of the spouses for a loan.
According to experts, writes “Kommersant”, the new approach may also make it difficult to get loans, primarily auto loans: they are the largest of at risk loans. “I think all future loans will be issued only with the consent of the spouses,” said Kotelnikov.
For other loans the spouse’s consent, banks will require, most likely, selective. According to Golubev, “banks defines the criteria of materiality under which spousal consent will be necessary, for example, on unsecured loans from 500 thousand rubles”.
On consumer loans for the purchase of goods in trading networks (POS-credits) consent is likely to request will not, says the Vice-President “the Renaissance the Credit” Sergey Vasilev. “Because due to the insignificant amount: for example, the maximum amount under consumer lending areas of our Bank is 250 thousand rubles,” — he said.