With divorce, in addition to emotional unrest, one more problem is added - - how to divide the property when divorcing ?
Far not always the former spouses get to agree on the division of housing and jointly acquired.
At the same time, our Russian courts usually prefer to share everything equally, completely without taking into account the views of the parties.
You can divide the property either by concluding a civil agreement or by filing a lawsuit in court.
Division of property after divorce: civil agreement
A civil agreement is usually issued by a notary in the presence of a married couple.
In this case, you can arbitrarily agree on the division of property and document the rights and duties of everyone in the pair.
In this case, if the case is considered in court, the decision is made taking into account the articles of the Family Code, as well as the law on the mortgage, if the apartment is bought on credit.
The main feature of such cases is that they do not have a statute of limitations: any of the former spouses has the right to file for the division of property even many years after the formalized divorce.
The simplest thing is to solve the issues of property purchased before marriage.
According to the law, all the property that one of the spouses had in the property before the wedding, while the divorce remains with him.
That is, it is not subject to a section.
As an exception, it is possible to try through the court to divide the housing in which the joint money was spent for excellent repair or modernization, due to which its original value increased.
The same applies to housing received by one of the spouses for free, for example, a will is made.
Such a dwelling completely remains with the heir.
How to divide the property after a divorce acquired during the marriage?
Housing acquired during the marriage is already considered as a co-acquired property.
In this case, it does not matter who it is registered in the property.
Any of the former spouses has the right to claim a part of such an apartment.
As an exception, a court may consider the case if one of the spouses spent most of their personal funds on housing purchase.
How can I earn money for an apartment?
Then the rights of such a spouse will be recognized as more significant.
At the same time, the presence of children in the family can affect the division of the apartment only if the share in the property is registered with the child. With whom exactly after the divorce the child will live, does not play a role at all!
How to divide the property in a divorce bought in a mortgage?
Problems can appear when partitioning an apartment bought into a mortgage.
In this case, the court will determine which of the spouses issued a loan.
Often, spouses when registering a mortgage agreement go as co-borrowers.
Then the court has the right to expose the property for sale.
The apartment is for sale, the debt to the bank is repaid, and the money left from the sale is divided between husband and wife.
Or, when buying an apartment, you can formalize the joint use of the apartment and extinguish the loan together in equal shares, and after paying the entire amount already dispose of the real estate at its discretion.
If a mortgage has been issued for one person in the family after the marriage, then this partner has the right to reimbursement of their expenses related to mortgage registration - half the first installment and each monthly payment.
But if the mortgage was formalized for one of the spouses before the marriage, then you can only divide those monthly payments that were made during the marriage.
Be sure to look at the useful video, where on real examples is told,
how to share property when divorced between spouses!