What to do if you do not agree on the characters? Divorce? And if there is nowhere else to live? These questions concern many Russians, since the question of the division of property is very sensitive. Many people know that everything should be divided in half. But is it all that simple in reality? Let's see how the division of the apartment occurs during a divorce.
According to the law, as you know, joint property and, of course, an apartment, is divided in half between a husband and wife. But it is impossible, for example, to cut in half a country house or urban housing.
How does the court determine the shares of husband and wife?
Since, after a divorce, people who turned to the legislative bodies for help, as a rule, cannot agree on their own, the court sets equal conditions, establishing how the division of housing will occur during a divorce.
1. The court determines the rights of relatives to a particular room in the disputed apartment. Each is assigned the right to use and dispose of a certain part of the jointly acquired property.
2. The law establishes the procedure for cash payments to one of the spouses, if its share was less than half of the total cost of housing. In this case, the owner is paid monetary compensation of the missing amount.
3. Decides options for the division of property “in kind” or in other ways.
How is the division of property during a divorce?
An apartment after an unsuccessful marriage can share the following ways between spouses.
1. Peaceful option. A mutual agreement is concluded on the exchange of a common apartment for the other two.
2. Section of the money received from the sale of the apartment. This option is also organized by the court.
3. Section of the apartment in case of divorce “in kind”. An apartment acquired in marriage is shared, like all other property. The court determines the share of husband and wife, as a rule, they are appointed absolutely equal. Housing costs are set at the market price. An additional assessment examination may also be appointed.
What to do if the apartment is not finished yet?
It also happens that the husband and wife started the construction of an apartment or cottage, and decided to get divorced. Such an object will also be subject to division, taking into account the degree of its readiness.
1. The court has the right to allocate equal shares of the future home for each of the spouses, based on the technical characteristics of the housing. For example, to allocate specific rooms, based on the ability to bring construction to completion.
2. Separate the building material and the individual structures of the unfinished building, if joint construction is unrealistic.
How is the division of the apartment during a divorce, if there is a child?
It is widely believed that all things are shared not only between husband and wife, but also between children. In fact, the law only regulates the rights of spouses, as children are not related to the purchase of housing. Exceptions can be made in favor of one of the spouses if he is raising a child, for example, with disabilities in health. This will have to be proved in court.
So, if the division of the apartment during the divorce reached the court, then the relationship of the spouses is tense to the limit. In such a situation, dishonest actions of one of the parties are possible, therefore it is advisable to impose an administrative arrest on the housing before making a decision .