Termination of official relations between people is an unpleasant situation, which leads to the need to share property and determine with whom children will remain. There is a need for divorce for various reasons, as a result of which former spouses can maintain a good relationship. But most often they disagree with significant differences, so the division of the apartment and other values causes a lot of difficulties.
The nuances of dividing housing
When people make a decision about divorce, they are often in a bad relationship, which is why a boiling point is reached in the process of dividing property. Each of the former spouses wants to get as many values as possible at their disposal.
Most often people have to go to court, because they cannot cope with the problem on their own. The court takes into account when and how property was acquired or received, in what financial condition each citizen is, and it also considers who the minor children are with.
Division rules
Family law clearly spells out what property may belong to the spouses on a common basis, and what values cannot be shared. Section of the apartment is not allowed in relation to the object, which belongs only to the wife or husband, therefore, the basic principles of this process should be taken into account. These include the following:
- If the housing was bought by the wife or husband after the registration of the official marriage, then such an object is considered joint property, therefore, regardless of how much money has been invested by each side, such property is divided equally.
- All items and real estate purchased prior to marriage are the personal property of each buyer. Therefore, in relation to such objects, the division of the apartment by the spouses is not allowed. But often, even under such conditions, controversial issues may arise. For example, often a spouse who is not the owner of the apartment contributes to the improvement of real estate, for example, repair or reconstruction of an object is carried out. Under such conditions, he may claim compensation from his ex-spouse.
- If an apartment is donated or inherited to one of the citizens, then it belongs to the husband or wife individually. Such property shall not be divisible upon divorce. But in addition there are some nuances. For example, if a husband was presented with the money used to buy a house, and a certain amount of his wife’s money was used, then a standard division of property is carried out for such real estate. The apartment is divided equally, but at the same time, the wife must have documentary evidence that she really invested her funds in such a purchase.
- Often, modern spouses form and sign a prenuptial agreement before registering a marriage. It may contain various items related to the future division of property. It is the provisions of this document that the court focuses on when dividing existing property.
Thus, the above principles are fundamental in determining how the property belonging to the spouses will be divided. Additionally, the court takes into account whether the former spouses have children, with whom they remain and how old they are.
Object division methods
When deciding who the apartment will be for, the spouses themselves can choose one of several options.
The choice depends on what kind of relationship was maintained between the citizens, and it also takes into account whether they took care in advance to draw up an agreement containing the rules for the division of property.
Using the provisions of a marriage contract
This document is compiled by citizens quite often. It contains the basic principles on the basis of which the division of an apartment and other property is carried out during the divorce of spouses. A document can be issued both before the direct conclusion of marriage, and already during it.
For a document to have legal force, it must be notarized. The advantages of this method include the fact that the document contains the basic rules for the division of different values, so conflicts and additional questions rarely arise.
Peace agreement
Under such conditions, the spouses themselves determine how different values will be shared. This is usually possible if fairly good relations are maintained between people, so they can reach a compromise.
The basic rules for the formation of such an agreement include:
- no agreement on the division of the apartment is required to draw up notarial
- the document applies only to property belonging to citizens officially;
- You can draw up such a document directly during the marriage or after its dissolution.
Numerous provisions on how this or that property is divided can fit into such a document. In this case, the division of the apartment between the spouses is based on the terms of the agreement. This method of dividing property is quite rare.
Conflict Method
He suggests that the spouses themselves cannot find a compromise, so they are forced to go to court. Under such conditions, a forced division of the apartment is made on the basis of information received by the judge about the real estate and the citizens themselves.
Usually several meetings are held, since the court needs to carefully consider all the nuances of the case, as well as determine what contribution to real estate was made by each spouse.
The nuances of division through the court
Most often, former spouses are forced to go to court to determine which of them will get this or that property. The judicial section of the apartment has certain nuances. These include the following:
- In any case, the property has a value that exceeds 50 thousand rubles. Therefore, its division is considered by a city or district court;
- appeal is required to a court located at the location of the apartment itself, which must be divided between the spouses;
- the claim may be filed separately or the requirement to divide the object may be included in the statement, on the basis of which the termination of marital relations occurs;
- each spouse has the right to apply for the separation of real estate within three years after the marriage officially ends;
- for dividing an object, it is necessary to determine what its estimated value is, therefore you will have to apply for the services of an independent appraiser, and they are paid by the applicant;
- the plaintiff who wants to divide the property must pay a fee, the amount of which depends on the value of the property, and is charged from 0.5 to 4%.
Only when these requirements are taken into account, the object is divided. A lawsuit regarding the division of an apartment may be filed by any of the spouses. In this case, the document indicates how and when this property was acquired into ownership. Other papers are attached to the claim, confirming that the plaintiff has the right to a large part of this object. The defendant will already be presenting his evidence in court, indicating that he has the right to half or another part of the housing.
In what shares is the object divided?
The court independently decides in which shares the property will be divided. On a common basis, an object purchased during a marriage is divided equally, but other nuances can be taken into account, on the basis of which the apartment is divided in other proportions. Therefore, the court may make different decisions:
- if people ceased to conduct a joint household, but did not officially terminate the relationship, then when buying an object under such conditions, the court may recognize that the property is solely owned by one of the citizens, so the other cannot claim any part of the apartment;
- the court may reduce the share of any of the spouses, if during the marriage and without good reason one of the citizens did not contribute to the purchase of housing, did not earn money or even spend money from the general budget;
- during the division of an apartment during a divorce, the court takes into account the presence of minor children, since most of the housing is given to the spouse with whom the children remain, but there must be documented evidence of the need to increase the area;
- the share of the spouse who sold his old apartment before buying a new home may increase, so he can prove that he made a greater contribution to the acquisition of real estate.
Thus, the court does not always decide whether to divide the object equally. Various factors and circumstances are taken into account, but they must be confirmed by citizens with official papers, testimonies of witnesses and other evidence.
How is a privatized apartment divided?
Most often, citizens have to deal with the need to divide a privatized apartment. Privatization is represented by a transaction, on the basis of which housing is transferred to the ownership of citizens from the municipal fund.
Often, privatization is carried out in respect of one spouse, and the other can only live in real estate, as it draws up a permanent residence permit. He gives up his share in favor of the spouse in the process of privatization. By law, such an apartment is not subject to division, as it is believed that it belongs to only one of the spouses.
But even here there are certain exceptions used in the division of property. The apartment can be privatized for both spouses, and in this case each of them has its own share, therefore, division is not required at all. Also, the nuances of such a section are often negotiated in advance in a prenuptial agreement.
How is a municipal or service apartment divided?
Such objects do not belong to citizens, as they are in the municipal or reserve fund. Therefore, it is impossible to allocate any share to spouses.
Even after the official termination of the relationship, none of the spouses loses their right to reside in this apartment. Most often, citizens come to a decision regarding the separation of the personal account so that there are no difficulties with paying for utility bills .
How is an apartment bought in a mortgage divided?
Often young families are forced to arrange a mortgage loan to purchase real estate intended for permanent residence. At the time of termination of marital relations, the loan is usually not yet repaid.
Section of a mortgage apartment is permitted only with the consent of the bank that issued the loan. Therefore, the court is required to transmit such written permission. Further, mortgage housing is divided on the basis of shares indicated in the loan agreement.
The court decision is transferred to the bank, after which new mortgage contracts are formed, and a new mortgage is drawn up, which is registered in the Federal Register of Regions.
How is the object actually divided?
In considering each case, the court takes into account what is the area of real estate, how many rooms it has, and it also considers whether citizens can meet each other. The joint apartment section is carried out in several ways:
- one of the spouses voluntarily gives up his share;
- a share is sold to an ex-husband or wife, and also part of the apartment can be rented out;
- giving a share to a child, and this is usually done by a man who no longer has to pay child support;
- the apartment is exchanged for two other objects.
Although the decision is made by the court, the spouses themselves can influence it. This is due to the fact that even in the process of conducting the trial they can come to a compromise and draw up a peace agreement. In this case, they can independently decide how the object will actually be divided, taking into account their own desires.
Conclusion
Thus, the division of property after citizens cease marital relations is considered a specific and complex process. It can be carried out on the basis of information from a marriage contract or through the formation of a special peace agreement. But most often, citizens are forced to go to court, as it is impossible to reach a compromise.
The court considers all the circumstances of the case, takes into account the contribution of each spouse to the purchase of the property, and takes into account who the children are left with after the divorce of citizens. Therefore, a balanced decision is made regarding the possibility of partitioning the object.