If the wife is the owner of the apartment, then the husband's right to this property will depend on a number of conditions. All of them are described in detail in the Family Code of the Russian Federation. This body of laws also describes the husband's right to this home in the event of a divorce.
Family Code of the Russian Federation
There are different options for legal and property relations between husband and wife, in each of which the husband will have different rights to the wife's property:
- The apartment was purchased after the formalization of the matrimonial relationship.
- The apartment was purchased by the wife before marriage.
- The wife received the property by inheritance or as a gift.
- The apartment was obtained as a result of privatization in the name of his wife.
The rights to an apartment include the following rights:
- the right to live in it;
- use it for its intended purpose;
- manage the apartment at your own discretion;
- register other people in it and subscribe from it;
- alienate her;
- receive income from it for leasing;
- carry out redevelopment in the apartment and register it.
In the absence of the husband's rights to the apartment, he has no rights to any of the above. If the husband has the right to housing, he can carry out all these actions, but with the consent of the spouse.
The apartment was bought in marriage
According to the provisions of the Family Code, property acquired in an official marriage is considered common. Both spouses have equal rights and obligations to this property. At the same time, the law makes no distinction in who the apartment is registered for: for the husband, for the wife, or for both of them in a certain proportion.
However, if one of the spouses spent the funds accumulated by him before marriage on the purchase of an apartment, in case of divorce he can claim a larger share of real estate in accordance with his expenses.
Also, according to the marriage contract signed by both spouses, the rights of each spouse to an apartment or any other property can be either expanded or curtailed. If there is a marriage contract, the husband's rights to his wife's apartment are determined by this document.
The apartment was bought before marriage
If the wife became the owner of the apartment before the official marriage, the husband has no right to claim this apartment. The wife can register her husband in this apartment so that he can legally live in it, but she can also write it out without the consent of the husband.
However, if during the marriage the husband spent money on the improvement of housing and its value after these improvements has significantly increased, during the divorce he has the right to demand from the court to allocate part of the apartment to him in accordance with his investments.
In addition, during the period of marriage, the wife can transfer the apartment or part of it to her husband under a gift agreement or a marriage contract. Having divorced, the husband will have full right to the part of the apartment or apartment allocated to him in full.
An apartment received by inheritance or as a gift
When a wife receives an apartment by inheritance, her husband will not be able to have the rights to her. But if the property was bequeathed to both spouses, or by law they both have the right to the inheritance of the testator, he can present his rights to a share in the apartment.
A similar situation will occur if the wife receives an apartment under a gift agreement. She will become the sole owner, and her husband will not be able to claim his rights in relation to this housing. Except in cases where otherwise is not predetermined by the marriage contract, or if the husband during the marriage did not invest his own funds in improving the apartment, which led to its rise in price, or the wife did not donate part of the apartment to her husband.
Privatized apartment
If the privatization of the apartment was carried out by one of the spouses before the conclusion of the marriage union, the second spouse will not have the right to claim this property.
If the privatization took place at the time of marriage, and at the same time the husband gave up his share in favor of his wife, then he will retain the right to live in this apartment if there is a change in ownership of the property.
