Very often, former spouses divide real estate through the courts. But the most reliable and peaceful way is a prenuptial agreement. The division of property can drag on for a long time and bring additional costs if one of the parties disagrees with the judge’s decision and files appeals.
Divorce is a nervous process, and if a parting couple has children and joint housing, the divorce will be difficult. Together with experts, we figure out how former spouses can share their property.
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Tips To Divide Real Estate After Divorce
Meet in the court
Real estate disputes between spouses arise when personal grievances or exaggerated expectations of one or both parties come into play. In general, it is always better to resolve any such dispute peacefully.
It is important to remember that there is no case law in our country if it comes to court. This means that if someone had one court decision, it doesn’t need to be the same in another similar case.
For example, there is a common misconception that if, for example, there are two children in a marriage, then the court, when dividing the property, must award most of it to the spouse with whom the children remain. But, as experts explain.
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In this case, there is a rule that parents do not claim their children’s property. And the children do not claim the property of their parents. In other words, the division is between spouses and not between spouses and children.
Most often, the judging guide by the equal rights of spouses under the law. It will bear in mind that the property division can drag on for a long time and bring additional costs if one of the parties disagrees with the judge’s decision and files appeals.
Divorce is a nervous process, and if a parting couple has children and joint housing, the divorce will be difficult. Together with experts, we figure out how former spouses can share their property.
We made it together – We divided equally
According to Art. 38 of the Family Code of the Federation, property acquire in marriage divides equally between the spouses. But this does not apply to property inherited by one of the spouses, received as a gift, or privatized.
It is not subject to division and remains the property of the heir. The property acquired before the marriage will also stay in the ownership of one of the spouses.
Suppose the second spouse has seriously invested in such an apartment, made repairs that significantly improved the quality of this housing, and managed to prove it in court. In that case, such property can also recognize as jointly acquired and is also subject to division.
In what cases it is not necessary to divide the property:
- The real estate received by a husband or wife as a gift or by inheritance;
- Transferred the property was to one of the spouses free of charge;
- Bought an apartment, a house, or a plot was before marriage or with money earned before creating a family (it is necessary to prove it with documents).
There are stories when parents buy housing for their children, such as giving them a wedding. If the child, being already married, acts as a buyer in the contract of sale, such an apartment can be recognized as joint property and is also subject to division.
It is safer to buy an apartment for the parents, to give it to your child by donation,” says Yulia Dymova, director of the Est-a-Tet secondary real estate sales office.
We divide real estate privatized by shares
If the former spouses share an apartment that they privatized together, everyone will get his share since the husband and wife have become joint owners. It so happens that the percentages do not predetermine in advance.
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Then it will have to be done independently or decided in court. It is important to remember that when privatizing an apartment for only one husband or wife, the second spouse has no rights.
Municipal apartments cannot be divided
It is not possible to share an apartment that has issues under a social tenancy agreement. But you can carry out the privatization equally when you have already decided to divorce.
This can be done by oral agreement without legal processes if the spouses have maintained normal relations and are ready to help each other. If at the same time, they continue to live in the same territory, then they retain the rights of residence and use.
Better negotiate peacefully
The pre-trial agreement on dividing the spouses’ joint property allows. The parties choose how and in what proportions to separate. Partners, the legality of the transaction, and taking into account all legal nuances, including, for example, the property interests of children in this family.
This type of agreement allows the former spouses to consolidate all deals and be confident in their observance. It can formalize, and if the dissolution of a marriage for one reason or another should take place exclusively in court – even in this case. The agreement on the division of property attached to the case will help speed up the consideration of the divorce case.
Banks don’t like family disputes
The situation becomes more confused if the property shared by the spouses is on a mortgage. Banks are skeptical about the real estate division; keeping payments on time remains a priority for the credit institution. A change in the marital status of the borrower potentially reduces his solvency.
After divorce, mortgage apartments are usually sold, not to divide real estate; because often spouses are afraid that the bank will demand early repayment of the mortgage. But in some cases, it is also practiced to change the borrower.
The best option is a prenuptial agreement
A good and reliable tool for regulating property relations in marriage and after its termination is the marriage contract. His imprisonment is becoming more natural and no longer causes such a strong rejection in people as, for example, 20 years ago.
The division of real estate also regulates the conclusion of an appropriate agreement; it can sign only within three years after the dissolution of the marriage. Both of these documents – the marriage contract and the property division agreement – must be certified by a notary,” says Yulia Dymova, director of the Est-a-Tet resale real estate sales office.
