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Could a property be included in a marriage settlement if it is loaned?

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Arresto Menor
Hi attorneys,

I would just like to ask, if a house was loaned to a bank and it is under the name of the husband and wife; when they file for annulment can they include the loaned house in their property settlement? Do they have the right to decide between themselves who would get the house even if it's still loaned?

The loan should of course be paid first before the title is transferred... but could they at least obtain a court order deciding to which spouse the property must go if and when the loan is fully repaid?

Thank you very much.

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yes, they should include that in their settlements because their interest in the property remains to be conjugal property. disposition can also be agreed on.

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