In the event of a divorce, all jointly acquired property is divided in half. But what about the husband's apartment if it was bought before marriage? When can you count on your share?
Make sure that the apartment is legally owned only by the husband
In accordance with article 36, part 1 of the Civil Code of the Russian Federation, property acquired by one of the spouses before marriage, or received in marriage on the terms of gratuitous donation, is personal property. But, since the apartment is constantly in need of repairs and most likely a lot of money from the family budget was spent on this, it is quite possible to turn the apartment from personal property into jointly acquired property.
The court takes into account the significant amount of work and time spent, which led to an increase in the value of the apartment. The judge will consider in detail all evidence of joint investments in the living space. Independent appraisers can be brought in to confirm the increase in value. But the main proof will still be receipts for the purchase of building materials and payment for repairs. If the loan funds were spent, this is also accepted as conclusive evidence.
The legislation does not specify what specific work had to be carried out in order to be considered significant. But, as practice shows, the judge is based on how much the cost of housing has increased, and how much of this cost, the spouses spent already being legally married. It is possible that the court will decide for the spouse, who is the owner of the apartment, to pay half of the funds spent on repair work to his ex-wife.
If the repair work is carried out insignificant, not requiring large expenses, the court recognizes the property as personal. After all, it is natural that housing needs constant cosmetic repairs.
How housing bought with a mortgage before marriage is divided
Also, if a spouse took a mortgage loan to buy an apartment, a significant part of which was paid by both spouses, or by means of maternity capital, housing can be recognized as jointly acquired.
Maternity capital is generally a subsidy that the state gives not specifically to some parent, but to the family. And during the design, shares are allocated to children and parents. If the shares of the children in the spouse's apartment are not allocated, the children do not claim the father's property upon divorce.
