The Family Code recognizes as spouses only those citizens who have entered into a marriage in the registry office. From this moment on, certain obligations and rights arise between a man and a woman.
The Family Code regulates only those relations that between spouses have arisen precisely in marriage. Cohabitation of a man and a woman without the fact of official registration of the creation of a family is not a marriage. This is called cohabitation. Consequently, family law governs the relations of married citizens, as well as property and non-property obligations. Therefore, persons in an officially registered marriage, it is easier to resolve property disputes arising between them, for example, the division of an apartment during a divorce or a land plot.
Reasons for divorce
The law provides for cases of divorce, if there are some circumstances:
- The death of a husband or wife. Also when a husband or wife was declared dead.
- Statements by both spouses or one of them. Also, at the request of the guardian of the husband or wife, recognized legally incompetent, divorce is possible.
Co-ownership of spouses - this…
Spouses have the right to use, own and dispose common property. Under the concept under discussion is meant property acquired or acquired by spouses in marriage. What does the law apply to him?
- Labor income. Also, funds received in the course of entrepreneurial, intellectual activity.
- Immovable and movable things acquired at the expense of joint income, including deposits, shares, shares in capital, etc. It does not matter whose name the property was acquired in or by whom the funds were contributed. If one of the spouses did not have his income, but at the same time was engaged in housekeeping, children, etc. during marriage, then this does not deprive him of the right to common property. Therefore, if the husband or wife has an apartment acquired during the marriage as real estate, this fact affects the division of the apartment when the spouses are divorced. This is a situation in which they cannot agree on their own.
What is the property of each spouse?
In addition to common property, a husband or wife may also have separate property. Such goodness is property that belonged to each of the spouses before marriage. It also refers to property received as a gift or by inheritance both during marriage and before its registration. This also includes goods acquired through gratuitous transactions. Individual items, which include clothing, shoes, etc., are also the property of the spouse who owned them. The exception is jewelry, as well as other luxury goods. These things are subject to section.
Divorce shared property
The common property of the spouses can be divided after a divorce or during marriage. In this case, the shares of the husband and wife are considered equal, unless another condition is specified in the contract. The basis is the requirement of one of the spouses, providing for the division of property in a divorce. An apartment, a car, a land plot and other property of a husband and wife can be divided by going to court or by mutual agreement. This contract does not need to be concluded orally. It must be notarized.
If property is transferred to one of the spouses during the division of property at a cost in excess of the share due to him, the other party may be awarded appropriate compensation.For example, if the division of an apartment during a divorce takes place in a judicial proceeding, then it is within the competence of this body to leave the apartment, for example, to a wife, who will be required to pay her husband the appropriate amount of money.
If the spouses, being married, have acquired certain property during the period of residence separately, the court may recognize this property as the property of each of them.
Division of housing in case of divorce
Divorce from the division of the apartment may not create any trouble for the spouses and judicial red tape in some cases:
- If a prenuptial agreement is signed between husband and wife, stipulating the process of dividing the apartment.
- Spouses independently determined shares through peaceful negotiations. After that, it is enough to conclude an agreement on the partition, certifying it with signatures.
If the apartment is donated to both spouses, without determining the shares, then it is divided in half in case of a divorce.
Housing purchased in a marriage (it does not matter in the name of one of the spouses or both) is divided equally in the event of a divorce.
You can also exchange one apartment for two or more by concluding a contract. The option of selling housing and halving the amount of money received from this transaction is possible.
Mortgage Apartment Divorce Section
Section mortgage apartments has its own characteristics. Consider them. If the loan for the mortgage apartment is not fully repaid, then the section occurs depending on the conditions specified in the loan agreement. For example, if joint liability is indicated in the document, then the spouses independently agree on a decision. After that, they turn to the bank, which will draw up an additional agreement to the mortgage agreement. Also joint responsibility can be divided into two separate loan obligations, and the property right between divorced spouses - equally. Another option is to shift the responsibility to the bank under the mortgage agreement to one of the spouses, dividing equally the part of the apartment in proportion to the amount paid together.
If a man and a woman, living together, raised children, maintained a common household, without registering marriage, then family law does not protect such relations. How to divide an apartment and other jointly acquired property in such a situation? This will be decided by the court.
Cases When Mortgage Housing Is Not Divided
There are only two options when the section of the apartment is not provided for divorce. The first way is a personal mortgage. With this type of lending, the apartment is bought with the personal money of one of the spouses. And this happens before the marriage is registered or during its period. This property is not considered acquired together, and therefore, is not subject to division in the event of termination of the union. Such a personal good of one of the spouses includes funds received before marriage, as well as during the union period. But they must be obtained from the sale of property acquired before marriage.
The second option is a military mortgage. In the case of the type of lending under consideration, the funds transferred to the military under the funded mortgage program are targeted, and therefore, are not considered to be assets acquired together. That is, a husband or wife who is not a member of the armed forces does not have the right to apply for part of such an apartment.
But if for the purchase of this housing additional funds were used, which were received from the spouse of the military man, then in this situation, citizens have the right to claim the entire amount invested.
Section of a privatized apartment in case of a divorce
If the apartment is privatized for one of the spouses, that is, it is his property, then the second side cannot use this housing after a divorce, even if the citizen is registered there.After applying to the court with a statement on the division of the privatized apartment, this authority can only determine the specific period of residence in the privatized apartment. After the agreed period, the non-owner spouse is required to release her.
The division of an apartment during a divorce, in the privatization of which both family members participated, takes place on the same grounds as for housing purchased with general funds.
Section of municipal housing
The type of housing considered is the property of the municipality (state). It does not belong to any of the spouses. Therefore, it is not a common property. Such housing is provided for the family to live under a social contract of employment. Former spouses located in the same apartment have equal duties and rights to use it. This also applies to payment of utilities, etc. But in this case, the division of property after a divorce cannot be carried out. The apartment is the property of the municipality. It is not possible to share it between spouses. There is only a separation of rights and responsibilities for the use of housing between former spouses by amending the contract social hiring. It is also possible to exchange a municipal apartment for two separate living quarters for each of the spouses. Thus, the division of the apartment after a divorce is possible.
