According to him, a spouse who took a loan at the initiative of telephone scammers cannot count on the division of financial obligations during a divorce.
The lawyer clarified that the loan can be divided if it was issued in the interests of the family at the initiative of both spouses, or if the loan was spent on family needs.
“The one who wants to share the loan should prove these circumstances.
This is also indicated by paragraph 2 of Art.
45 of the Family Code.
However, if one of the spouses became a victim of criminals, then this cannot be regarded as a loan for family needs.
So it will not be possible to impose part of the obligations on the spouse or spouse.
He or she can take part in the repayment of obligations only on a voluntary basis, ”the specialist explained.
Solovyov added that the materials of the criminal case initiated on the fact of fraud will “unequivocally reveal the entire mechanism of the crime committed,” as well as the actions of the victim on his own initiative and as a result of misleading, who took a loan or loans and transferred money to criminals.
“The only option when the loan can be divided will be a situation in which the spouses together became a victim of fraud, even if the call was received by one of the spouses, but they decided to “save their money” together, then in this case, liability for loans can become joint and several” , the expert said.
In addition, loans taken before marriage, as well as during the period of separation of the spouses, are not divided, which will also need to be proven, the interlocutor of RT specified.
Earlier, Alexei Potekhin, a cybersecurity expert at the Bank of Russia Main Department for the Central Federal District, spoke about security measures during online shopping.