The well-being of the family cannot be described by any parameter, this concept is diverse even in material terms. Of course, you cannot push the standard of living and financial security to the background. The presence of a car, apartment and family savings is the criterion that should not be overlooked. That is why it is so important to know the aspects of the division of property between spouses after divorce so that even in this situation to remain people.
In most cases, the apartment is considered as the greatest value that the couple could acquire during their joint residence. When it comes to the division of property, it is often the house that is the stumbling block. It is important to note that following the current Family code, an apartment can only be divided if it was purchased or privatized after marriage. If this happened before the official registration of the relationship, then the apartment is privately owned and you cannot claim its share.
Nuances of the section
It is possible to divide an apartment after divorce on a voluntary or compulsory basis. If the couple came to a compromise on the division of living space, then with the help of a lawyer, it is necessary to legalize this decision by entering into an appropriate contract, notarized. Forced separation occurs only through the court.
Main methods of partition
The options may be as follows:
- Each of the spouses will receive an equal share in the ownership of the shared apartment. After that, there is a need to re-apply to the court to get an explanation of the aspects of using your part of the apartment. After this decision, the couple will continue to live under the same roof. The principle of equality is not always decisive. The court may reduce the share of one of the spouses if it turns out in the course of the proceedings that he did not contribute to the financial support of the family.
- The apartment passed into the possession of one of the spouses. At the same time, after the division of the property of the former spouses, he undertakes to pay the second party monetary compensation. In this case, you can expect additional expenses due to the need for expert evaluation of real estate.
- The apartment passed into the possession of one of the spouses. At the same time, the second party receives other property of equal value (car, cottage, garage, etc.) as compensation for the share in the apartment. This method can be applied only if the spouses have a lot of property in common ownership.
As we can see, approaches can be varied. Each of them has its advantages and disadvantages. To find the perfect option for yourself, we recommend contacting a family lawyer. Kasyanenko & Partners Law Company lawyers know how to get the most out of your claim and restore the violated justice.
The division of an apartment that is taken out on a mortgage occurs, as in the case of any other property that was acquired jointly. If this problem is not resolved peacefully, the debt will be distributed between the spouses in court. The Bank that provided the mortgage will only deal with the spouse whose signature is on the loan papers.
Apartment section in case of divorce, if there are children
The law assumes that parents have their property, and children have their own. The issue of dividing the apartment between the spouses should not include children in the right of ownership since they are already direct heirs. A child can count on a share in an apartment if they participated in the privatization of housing. All other cases imply that children can only affect the increase in the share of one of the spouses. A large share will go to the parent with whom the minor children remain to live.