How to divide the apartment when divorced

According to statistics, the number of marriage processes is inexorably growing every year. Accordingly, the number of property disputes is increasing. The first and most important procedure for divorce - section together. It is this often becoming a "stumbling block" in attempts to disperse peacefully. Therefore, the advice of the apartment is a very relevant question that has many nuances. Consider this process in detail.

• housing bought before marriage;
• privatized property, as well as inherited, gift, etc.

In other words, the division is subject to an apartment acquired in marriage, the so-called joint property ( st. 256 of the Civil Code of the Russian Federation). The list of joint property is enshrined in the article 34 SK RF.

• By agreement between former spouses. This option is the most loyal and flexible. After all, the spouses by mutual agreement produce a section on absolutely any conditions that arrange each of them. For example, a husband can leave the ex-wife an apartment in full. The main thing is, in this case, arrange an agreement in a simple writing, where all the conditions of the section will be spelled out. Such a document should be notarized and registered for all rules in the Ministry of Justice.
• According to a marriage contract, the most easiest way to delegate property. "Former", negotiating all the nuances in advance, exclude the moment of unknownness about the fate of the housing.
• By the tribunal's decision. If there is no consent for the section on the first two alternatives, each spouse has the right to submit a claim to the judicial authority. The legislation was given the period for these actions - 3 years from the date of termination of marriages ( part 7 of Art. 38 SC.).

Download on our site:

• Shareholding Agreement;
• Sample Agreement on the Definition of Stakes in the apartment;
• Typical agreement on real estate (apartments);
• Sample Property Title Treaty (Apartments);
• The statement of claim on the section of the apartment in nature;
• An example of a claim for a section of the apartment in kind;
• Claim for the division of property after the bracket;
• Sample application for the division of property after the bracketing process;
• Claim with a request to terminate the marriage and divide property;
• 
  Sample Claim with a request to terminate marriage and divide property.

• If the apartment was purchased during the period of the marriage union, it does not matter to whom it was framed. Each partner has completely equal rights to joint property, accordingly it divides equally. However, there are nuances for which one of the spouses are devoid of rights and benefits for living space. For example, in a situation where it was purchased with a separate stay of her husband and wife, and their family relationships were actually stopped.
• The share of one of the spouses can be increased at the discretion of the court. This is mainly affected by the interests of minor children. This rule is clearly spelled out in article 38 SC..
• At irrational usage tools, absence zaravetkov (if cause disrespectful) value solo. maybe to be reduced.

In such ambiguous cases, the court must figure out all the circumstances of the case, consider the evidence provided and listen to witnesses.

1. Peacefully, exchangeing one housing for several.
2. Sell \u200b\u200ban apartment and share money. This can be done both peaceful way and in court.
3. Divide into kind - to make different outputs or just living under the "one roof", but to have limited rights.

Sometimes divide accommodation at divorce w. former muga and wives it turns out more difficult, how divide. but better take care of ob all in advance, show legal literacy, and then risk losts apartments v future decrease before minimum.