Divorce is a painful procedure, which is often complicated by the housing issue. When dividing the living space, it is important to take into account the interests of minor children. If parents cannot come to an agreement, the rights of children will be protected by the court, it will take into account many nuances: the presence or absence of its own share, place of residence, the form of ownership of the living space.
Child-owner and his right to an apartment
The easiest option is to divide the apartment in which the minor is one of the owners. In this case, his share remains indivisible, none of the parents can claim it. Whoever the child stays with has the right to housing. When dividing an apartment, the share of the child or children is allocated before the general division, and then added to the share of the parent with whom the minors remain to live by the court decision. For example, if the apartment was privatized in equal shares for the husband, wife, and two children, the mother, who became the primary caregiver, may remain in the apartment, and the father must be paid ¼ of the estimated amount. When selling such premises, the consent of the guardianship authorities is required, which will ensure that adequate shares are preserved for the children.
If the apartment is privatized, and the child is not included in the number of owners, he or she has the right to live on this living space. It will be impossible to evict him, even if, according to the court, the minor will live with a parent who does not have the right to an apartment.
Taking into account the interests of minors when dividing the living space
According to article 60 of the RF IC (clause 4), children who do not have allocated shares cannot claim the property of their parents (divorced spouses). However, a parent with whom the child will live by a court decision has the right to receive a large area when dividing. The exact numbers are calculated individually. When one of the parents receives most of the apartment, taking into account the interests of the child, the minor himself does not acquire the right to the allocated share. Most of the apartment can be claimed by a spouse with whom several children will live, a parent of a disabled child who has no other living space. An exception is an apartment acquired by one of the spouses before marriage and not subject to division as joint property.
When dividing a mortgage apartment, the division rules apply in equal shares. If maternity capital was used when buying a home, the child is one of the owners, but his share is not stipulated in the law. Upon sale, the minor must be provided with adequate living space; if this is not possible, an amount equal to his share must be deposited in a registered bank account. If the interests of minors are not respected, the transaction may be challenged in court and invalidated.
