Divorce is a rather complicated and painful process. In addition to personal experiences and solving problematic issues in the upbringing of children, the question of property division is acute. And if the disputes over furniture and small household appliances can be settled with the world, the question of the division of real estate often arises.
Is it possible to share a residence with husband, if he does not want to divide anything? How to determine equal shares of each mate? Can there be such a situation that one of the spouses does not have any rights to the estate? In the presence of a marriage contract, the problem of division of property is solved easily. But in its absence, the task of fair ownership of a flat within the framework of the legislation falls on the shoulders of judges.
There is no universal solution to this issue, each case is unique. For this reason, we strongly recommend that you seek advice from an experienced lawyer who will understand exactly your situation. Below we consider the general situation of dividing a lodgings with an ex-husband.
Determination of the owner and legal rights of the mate
The main principle guiding the the justice is that the property bought by the partners together should be divided equally. When both parties agree on a section, it is enough just to document this with a notary.
In the absence of compromise, the decision is taken by the justice
If there is no agreement with the spouse after the divorce. Before you go to court, you should find out the status of the flat. And it is better to contact a lawyer for advice, having acquainted him/her with documents of ownership.
There may be several legal statuses of the lodgings to be divided that affect the justice decision:
- Court decision on the division of jointly acquired flat.
According to the current legislation, it is possible to take out from it 3 main points, according to which an apartment is almost always divided equally between former partners. The justice can
only reach an agreement between them about the shares and the conditions to receive them.
- the estate is bought in a marriage for joint means – the owners are both spouses;
- bought in a marriage for joint means – the owner is one of the partners;
- acquired under a mortgage agreement or on parent capital.
- Court decision in favor of one of the mates.
In this case, the legal owner of the residence has the full right to keep the property in its sole order.
- acquired in marriage, but the partner received funds from his personal sources of income (the sale of estate that he had before marriage);
- received as a gift or inherited by one of the spouses;
- municipal or service.
If we divide the apartment equally: how to determine the part of each?
If the legal status of a residence allows it to be divided into equal shares between husband and wife, then another question arises – how to do this? There are several options:
- Section by shares. In this case, the ownership of each is documented, but it is impossible to sell your part without the permission of another owner. It is difficult to split the lodgings equally, even living together in it will be impossible.
- Departure of the residence. Partners can exchange large housing (2, 3, 4, 5 rooms) for two apartments in the interests of each.
- The transfer of its part of property in exchange (in cash and material equivalent). Even if the husband during a divorce does not want to divide the flat, the court will forcibly determine the amount of monetary compensation or compliance with the proposed material.
- The justice decides on the ownership on the basis of the effective norms and rules of the legislation. The article presents typical decisions taken by the court in such situations.
We strongly recommend that you seek the assistance of a lawyer in the event of a similar situation.