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 Consequences of the divorce, credit and repurchase consumer credit Direct effects on the account If a procedure of divorce is initiated, it is of your interest to announce it at once to your banker.
As long as you are in authority of divorce, none the husbands can only modify neither the account name nor the property of the products and the titles. For the bank, only A the right to have the placement that which opened the account or subscribes produces it.
On the other hand, in the relations between you and your spouse, the heading of an account is not enough to determine to which belong the funds:
Once the pronounced divorce, only the liquidation of the marriage settlement and the division which follows determine the right of ownership of each one on the accounts and the placements. concerning the account joint
Even made available of your bank, the judgement of divorce does not have consequences on the operation of your account joint. The denunciation of the joint account must be required expressly by at least one of the Co-holders.
It is highly advised besides to do it as of the beginning of the procedure of divorce. concerning the procuration The delivery of the divorce does not involve the suppression of a possible procuration.
The procuration ceases only when the holder of the account asks his bank to cancel it. concerning the heading of the bank accounts As of the advertisement of the divorce, each husband takes again the use of his name.
In the event of divorce for rupture of the common life, you however have the right to preserve the use of the name of your ex-unites if the divorce were required by this one.
In the other cases of divorce, you can also preserve the use of this name with the proviso of having either the agreement of your ex-husband, or the authorization of the judge, if you justify of a particular interest for yourself or your children.
To allow the modification of the account name, you must produce the judgement of divorce to your banker.
If you wish to preserve the heading of account with your marital name, you must bring according to cases' of divorce either the authorization of the judge, or approved final convention, or the agreement of your ex-unites.
To note: in the event of remarriage, the initial agreement given by the ex husband or the judge becomes null and void.
Only a special permit of the judge based on the particular interest (children, situations professional…) can allow you to keep your old marital name.
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Possible pecuniary obligations The divorce involves the division, between you and your spouse, of the goods which you had jointly. But, the judgement of divorce also could put at the load of one of the husbands the obligation to pay a certain amount of money.
Indeed, to compensate for the difference in standard of living, one of joint can be brought to pay with the other, in one or more time, an amount of money called compensatory service. In rare cases, this sum is replaced by a life annuity.
In addition, one of joint can be brought to pour with the other an alimony to enable him to live and if necessary to raise the children.
Will know that a person who does not pour during more than 2 months the which had alimony, makes the offence of 2 years abandonment of family, liable of imprisonment and 15.000€ of maximum fine. How to obtain the payment of these sums?
If your spouse fails to fulfil his obligation to pour the alimony or the compensatory service, you have 4 ways of coverings: that is to say the direct payment: you can obtain the payment from a third (employer, Assedic…) who owes itself of the money with your ex-unites.
This procedure requires the intervention of an usher and makes it possible to recover arrears some 6 months maximum maybe by a debtor organization of family allowances such as the case of family benefits: this one will then pour you, under certain conditions, the allowance of family support, as advance on the alimony due to the children.
It will recover then the sums near your spouse that is to say the seizure attribution: provided with an executory title, you can directly recover the sums available on the bank accounts of your ex-unites either you can address to the accountants of the Treasury after having made of it the request with the Public prosecutor near the Court of Bankruptcy Lastly,
if the divorce is pronounced with the exclusive wrongs of the one of the husbands, this one can be condemned to damages in repair of the material loss and moral caused with the other unites.
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 List of the parts required for the repurchase of debt or a request loan In order to facilitate the steps and to shorten the deadlines, you can right now take note of the supporting documents necessary to the constitution of your file of repurchase of debt.
Identity of the people Copy identity papers (recto and back) Family record book (children included/understood) Marriage contract (if exists) Document in proof of residence: invoice France Telecom or of portable + EDF In the event of divorce, judgement of final divorce with liquidation of community
Your Incomes the last 3 payrolls Payroll of last December Contract of employment or certificate of the employer confirming the TDCI and the seniority (so less than 2 years of seniority or so not indicated on the payroll) the last 2 opinions of imposition
Document in proof of the obligatory CIF if you perceive services For the nonpaid ones (liberal professions, managers, craftsmen, tradesmen) the last 3 opinions of imposition 3 tax last 2035 or bundles For the pensioners: Last bulletin of pension For the preretraities: the last 3 bulletins of allowance ASSEDIC
If you perceive land incomes: The land income tax return 2044 Leasing agreement of each rented good 3 last corresponding receipts Tax land with each rented good If you are on parental leave:
Certificate of the employer confirming the date of recovery as well as a certificate on the honor of your share confirming the recovery at the date envisaged
Your bank accounts the last 3 statements for the whole of your bank accounts, including the CODEVI, accounts savings, or professionals If you have rejections on your loans or taxes thank you to provide us the last 6 statements.
Bank account number, Your loans Initial offers with the general and particular conditions of the real loans, atrate 0%, and ready redeemable personnel amortization tables of the real, personal loans last statements for the accounts revolving and charts Your real inheritance Complete document of title
Tax land recent photographs of the good given in guarantee Multirisk certificate of insurance dwelling if you have a certificate of value of your good thank you to join it to the file.
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Pour tous renseignements:
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