When a couple obtains a marital loan from Infonavit and they acquire their house with those resources, they seek to have an equity, which may later allow them to acquire a better property. Projects like that work when the relationship lasts for several years, but what happens if they break up? They need to figure out credit, and find out about their options.
The Infonavit scheme called Unamos Credits is recent, and it is not required that there be a formal relationship between the two people who obtain their credits, it is enough that both are candidates to obtain it. But for the marital credit the couple must be legally married.
If the couple who obtained a marital loan decides to divorce, they will face legal and economic problems that must be resolved, and if they do not act properly they may lose the property. Photo: Reformation.
If the couple who obtained that loan decides to divorce, there are legal and economic problems that must be resolved, and if they do not act properly they may lose the property. There is the complication that discounts are made to both. The solution must be quick.
When the credit is granted to both, the debt is owned by both and the house will belong to them until they finish paying it.
What happens to marital credit if a couple separates
Infonavit establishes that a solution is given in three steps, before a conflict arises. The couple who have that debt must understand, then they cannot talk about owning the property yet.
Signing of an agreement or an agreement
To begin to solve the problem, they must negotiate, determine which of the two will keep the house when paying for it, or if they will sell or transfer it.
On the other hand, they must be aware of the outstanding balance and the deadline that they lack to settle the debt. If they are about to conclude the payment they can sell it and distribute what they receive, if there is a long time they must resolve the situation in some way.
Notification to lnfonavit
They must notify Infonavit of what is happening, in the regional offices or in the delegations they will advise them to make a payment plan and make the administrative changes that are required.
Making missing payments
The mutual responsibility to cover the entire debt is inescapable. And the situation would be aggravated if the person who takes responsibility for the payment loses his job.
When the total debt is paid, the two will remain as owners of the property. By then the divorce situation must be resolved.
In the purchase contract that the couple signed with Infonavit there is a joint obligation clause, according to which if the couple divorces and they do not reach an agreement about the house, the law will oblige both to respond for the other, although have divorced.
More information in our Credits Section.