How To Buy A Married Apartment

Table of contents:

How To Buy A Married Apartment
How To Buy A Married Apartment

Video: How To Buy A Married Apartment

Video: How To Buy A Married Apartment
Video: Dave Ramsey's Steps To Buying A House 2024, May
Anonim

According to article 256 of the Civil Code of the Russian Federation and 34 of the Investigative Committee of the Russian Federation, all property acquired in an officially registered marriage is the common property of the spouses. Therefore, it does not matter at all how, with what money and for whom the apartment will be purchased. It will be common property and owned by the spouses in equal parts.

How to buy a married apartment
How to buy a married apartment

Instructions

Step 1

If your marriage is officially registered, then you can buy an apartment with general funds, with your own savings, on credit, in installments. You can register ownership of real estate for you, for your spouse, or for two - it doesn't matter at all. The apartment will still belong to you in equal parts, regardless of who invested money, who worked, and who was dependent.

Step 2

If during the marriage you were given an apartment, bequeathed or inherited by law, then the property will belong only to you. This category of property is not subject to division in case of divorce. But if more than 5 years have passed since the moment of the gift, will or inheritance, and during this time a major, expensive repair was made in the apartment for common money, then in case of divorce, your sole right to real estate can be challenged in court.

Step 3

The situation is different if the marriage is not officially registered and the spouses live without being a legal husband and wife. In this case, you can buy an apartment using shared funds and register ownership for two in equal shares. Or buy it for your own cash or credit and issue it to the person who purchased it.

Step 4

But even in this case, if the marriage is not registered and the apartment belongs to one of the civil partners, and the second contributes significant funds of his own, for example, for a loan, for debts or for living, then when parting, half of the apartment can be obtained legally through the judicial authorities …

Step 5

If the apartment was purchased before marriage, then it belongs to the spouse who bought it. During an active marriage, you can draw up a marriage notary agreement by mutual consent of the spouses. That is, you can buy an apartment with your own money, formalize the ownership of yourself, contact your spouse or spouse to a notary and voluntarily sign a document stating that the apartment is not subject to division upon divorce and will be the sole property of the spouse who purchased it.

Recommended: