In accordance with article 256 of the Civil Code of the Russian Federation and article 34 of the RF IC, an apartment purchased during a registered marriage belongs to the spouses in equal shares, regardless of who is the owner of the property. The property can be divided by mutual agreement or in court, if no agreement has been reached.
Necessary
- - application to the court;
- - certificate of ownership;
- - cadastral plan and explication;
- - certificate of marriage (divorce).
Instructions
Step 1
To share an apartment with your spouse, you can sell the living space, divide the funds equally. This version of the section is the easiest, but it is possible only if a voluntary agreement has been reached between you and there are no disagreements about the sale of housing and the division of funds.
Step 2
Instead of selling an apartment, you can make an exchange for two living spaces. This option, like the first, is only suitable with mutual agreement.
Step 3
If you have a disagreement about the division of the jointly acquired living space, apply to the court. Attach a photocopy of the apartment ownership certificate, a copy of the cadastral plan and explications received at the BTI, a photocopy of the marriage or divorce certificate to the application.
Step 4
When divorcing spouses, the court takes into account whether there is any other property acquired in a joint marriage or not. If you have applied for the division of jointly acquired property and have, for example, an apartment, a car, a summer cottage, a private house, etc., the court will issue an order on an equivalent division. This means that if you want to own a car, the cost of which is equal to the apartment, your wife will be given the right to the apartment by a court decision, since the property of the spouses is divided equally.
Step 5
If the apartment is the only jointly acquired value, the court will issue an order on the compulsory division of the apartment equally. If one of the spouses does not agree to sell it, the housing can be divided into two parts in kind or in percentage.
Step 6
When dividing an apartment into parts in kind, you have the right to formalize a separate ownership right and dispose of the property at your own discretion. In this case, your spouse will be endowed with the pre-emptive right to purchase (Article No. 250 of the Civil Code of the Russian Federation). Before selling your share, you must notify in writing the co-owner of the second share of the apartment, which after the division your wife became.
Step 7
For your share of the apartment, divided as a percentage, you can forcibly receive the value of your share from your spouse.
