The apartment is an expensive property, in connection with which it is the division of real estate that becomes one of the most significant problems in divorce. To resolve the dispute, you must refer to the Family Code of the Russian Federation or resort to court assistance.
Apartment section rules
According to the Family Code of the Russian Federation, an apartment acquired in marriage belongs to joint property and, in the event of a divorce, is divided equally between the former spouses. At the same time, initially, the status of the person who acquired the living space does not matter: even if the husband bought the apartment, in the event of a divorce, the wife will equally claim this property.
The division of an apartment can be carried out by mutual consent of the former spouses: at will, a woman or a man can give up their rights to an apartment or pay their own share of the living space in money. The procedure is even simpler if there is a previously concluded marriage contract, which specifies the procedure for dividing the jointly acquired property. If the former spouses are unable to divide the apartment (or other property), they must go to the magistrate's court.
The court will listen to the arguments of each of the parties and independently divide the living space between a man and a woman. At the same time, the size of each share may differ, which depends on the financial situation of one or another participant in the process, the presence of other expensive property, children, seriously ill relatives and other factors. Having found out the value of their share in the apartment, the wife or husband gets the right to sell it to other persons or to demand a ransom from the other party. Redevelopment and repair of living space in the future is carried out only by agreement with other equity holders.
Section of the apartment with a child
According to article 39 of the Family Code of the Russian Federation, in the presence of a minor child, the court has the right to deviate from the rule of equality of marital shares when dividing an apartment. In this case, the larger share will be awarded to the side with which the child will live after the divorce. If the mother will be engaged in further education, the apartment can be completely transferred to her, provided that the woman does not have any other living space.
In cases where one of the former spouses is deprived of parental rights, the court takes into account all the property held by the man and woman. In this situation, the apartment is most often completely transferred to the trustee, while the other party, deprived of the rights to raise a child and live with him, receives the rest of the property jointly acquired in marriage (at a cost comparable to the apartment).
Section of an inherited apartment
The section of hereditary housing has a somewhat ambiguous order: in accordance with article 36 of the RF IC, the living space received by inheritance (will), after a divorce, becomes the property of the spouse who is the heir. At the same time, the legal status of housing is not affected by the time of inheritance: the rights to the owner can be transferred both before marriage and during it.
If the husband is the heir to the living space, the spouse can only rely on a temporary stay in the apartment after the divorce. However, when going to court, it is worth remembering that the latter will also take into account the amount invested by the heir in the acquired property for the purpose of repair, redevelopment, etc. If these investments are regarded as significant enough, the party will be obliged to pay the former spouse (or the spouse in the opposite situation) the due share in cash.
An important point when challenging the rights to an apartment in court are documents confirming its current market value. You can request them by contacting your local property appraisal agency. The assessment of the living space must be carried out by a specialist with a license for the relevant type of activity and, upon completion of the procedure, draw up an act, which will be further considered by the court.
