The question of dividing an apartment between spouses in divorce proceedings arises very often.
1. SHARES. An apartment bought in marriage, regardless of who it is registered in, is the joint property of both spouses and only their property. Children are entitled to shares in an apartment only in two cases: 1. If they are directly indicated in the apartment agreement; 2. If the apartment was purchased at the expense of maternity capital.
2. MOMENT OF SECTION. The division of an apartment between spouses in marriage is as possible as division of an apartment between former spouses - after a divorce.
3. SECTION LOCATION. The apartment can be divided out of court, and if the parties could not agree, then in court.
4. The judicial practice of dividing an apartment boils down to the fact that in 90% of cases the courts divide the apartments equally. Exceptions are special exceptional cases that are provided for by law and which are subject to proof in court in each specific situation.
5. Determining the shares in an apartment, as a rule, is not difficult, however, great difficulties arise in how then in kind to divide this apartment.
6. Based on judicial practice, we can say that the courts indicate the division of the apartment into shares and do not set out who will actually use the apartment. This right is always at the discretion of the spouses. In rare cases, an apartment is transferred to one person, and compensation is awarded to the other.
7. The cost of a section of an apartment is about 10-15t.r. This is a state fee (either to a court or to a notary), excluding the additional costs of a lawyer.
1. Determination of shares. We take a simple option: the apartment was bought in marriage to one of the spouses without the use of maternity capital. Such housing will be divided into two in equal shares - 1⁄2 share to each. Children have no right to property acquired by spouses at their own expense. In judicial practice, there are cases when parents cannot give each other a share in an apartment and, in order to somehow get out of the situation, concede their share not to the second spouse, but to the child. At the same time, we will say once again that this is not the responsibility of the parents, but their goodwill.
At the same time, the law provides for cases (not related to the destruction of the jointly acquired property of the spouses) when the children will be entitled to shares.
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