The privatized residential premises begin to belong to the owners immediately after all the necessary documents have been drawn up. In case of divorce, such property is not divided and the former spouses cannot claim it.
Does a wife have the right to her husband's share in a privatized apartment
In accordance with modern legislation, all property acquired by spouses in marriage is their common property and this aspect is taken into account when it is divided. But in the case of privatized housing, things are a little different.
Privatization is a royalty-free deal to transfer public housing to the citizens who occupy it. It is regulated by the RSFSR Law No. 1541-1 "On the privatization of the housing stock in the Russian Federation" Since the housing is transferred to the spouses free of charge, it cannot be considered jointly acquired. If the apartment was privatized before marriage and registered in the name of the husband, the wife has no rights to this living space.
If the privatization was formalized during the marriage period, the situation practically does not change. The wife will still not be able to claim the spouse's share in the divorce. The apartment is considered the property of the person to whom it was privatized. If the documents are issued for both spouses with the allocation of shares, each has its own living space. In case of divorce, it is not subject to division. If the husband privatized the apartment only for himself during the marriage, the wife cannot claim these square meters. An important clarification is only that, according to the law, all persons who were registered in a residential building at the time of privatization have the right to reside in it. But with the termination of family relations, this right is lost. You can file a lawsuit asking for an extension of residence if the spouse at the time of the divorce does not have the opportunity to purchase her own home.
In what case can you claim your husband's share in a privatized apartment in case of divorce?
If during the marriage the spouses spent a lot of material resources on repairs, redevelopment of the apartment, in case of divorce, the spouse may go to court with a requirement to determine his share in this housing. A positive decision can only be counted on if the cost of repair or redevelopment is comparable to the market or cadastral value of the premises. Uniform standards for determining shares in this situation cannot be applied. Everything is decided individually in court.
The wife also has the right to claim her husband's share in the privatized apartment in the event of his death. She can inherit part of the spouse's property on an equal basis with other heirs of the first order.
