Divorce is not only the separation of two people, but also the division of property, determination of the place of residence of joint children, an agreement on the payment of alimony. The most unpleasant thing is the division of property. In order to keep an apartment for yourself during a divorce, you need to know what belongs to the section, and what is indivisible property.
Necessary
- - application to the Arbitration Court (if voluntary division of property is impossible);
- - property inventory and appraised value.
Instructions
Step 1
All common jointly acquired property defined in Article 34 of the Family Code of the Russian Federation and in Article 256 of the Civil Code of the Russian Federation is subject to division. The law does not prohibit the division of property by mutual agreement, without resorting to the services of court proceedings. But if the peaceful division of property is impossible, then apply to the Arbitration Court. Attach a detailed inventory of all available property and its estimated value to the application.
Step 2
The common property of the spouses includes all income and property acquired during the marriage, regardless of who exactly earned it. For example, if a wife was doing housework, waiting for her husband from work with a hot dinner, or sitting with children, and the husband worked a lot, this does not mean that everything will belong to him, since he invested his money. Everything will be shared.
Step 3
Proceeding from the fact that all property acquired in marriage is common, the apartment can remain for one of the spouses. Then the other spouse will own an equally valuable property, for example, a car. Very often, especially in the provinces, some car brands significantly exceed the cost of a standard three-room apartment.
Step 4
You can also keep it for yourself if a marriage contract was concluded, and it states that in the event of a divorce, the apartment remains with you. Or, if the apartment was donated, inherited or acquired through a gratuitous transaction (Article 36 of the Family Code of the Russian Federation). And the privatization of municipal housing belongs to gratuitous real estate transactions. This means that if the apartment was privatized only for you and you are listed in the certificate of ownership as the sole owner, then the property is not subject to division.
