When creating a family, none of the spouses thinks about what will happen to their property in the event of a divorce. The future looks bright and bright. But often clouds gather over a happy family life, relationships are bursting at the seams, a marriage falls apart and the question arises at full height: how to divide an apartment?
Instructions
Step 1
When dividing such expensive property as an apartment, much depends on the specifics of a particular situation. It is not always necessary to bring a case to a court decision. Of course, there is no single recipe, but taking into account some peculiarities, the following can be recommended.
Step 2
In a situation when it comes to a privatized apartment, bought with money earned by both spouses, the provision applies: the property acquired during the marriage belongs to them as joint property and is divided in half in case of divorce. It does not matter if one of the spouses actually earned money for the apartment, because the family budget was shared. Remember that the debts for utilities, electricity and gas will also be divided equally. If it is impossible to divide the apartment by mutual agreement, the case can be resolved in court. A part of the apartment due to one of the spouses can be replaced by the court for monetary compensation.
Step 3
You cannot sell an unprivatized apartment. In case of divorce, it must be divided equally between the spouses. If the spouses do not want to live in the same apartment, it can be sold with preliminary privatization.
Step 4
The presence of children in the family makes its own adjustments to the court decision. By a court decision, part of a husband's or wife's housing may be increased if small or non-working adult children live with them. In this case, the reason for the unequal division of the apartment may be a spouse's refusal to pay alimony or an insufficient amount of it.
Step 5
In a situation where an apartment was bought by one of the spouses before marriage or received as a gift (by inheritance) during marriage, he is not obliged to share it with the second spouse. The court may also recognize the personal property of one of the spouses an apartment acquired during their separate residence, when in fact family relations have ended and the divorce has not been formalized.
Step 6
The apartment was bought on credit, which was not repaid at the time of the divorce. A mortgage loan is often issued for both spouses. When concluding an agreement, the bank realizes that in two to three decades, as long as the loan agreement is in effect, the marriage may be terminated. For this reason, most banks insist on joint responsibility of both spouses. Such an apartment will be divided equally, even if the case goes to court.
Step 7
Another situation is possible when an unpaid loan is issued to one of the spouses. Here, the courts, as a rule, proceed from the general provision that property acquired by spouses during marriage is joint property of the spouses and is divided in half upon divorce.
