Section of the apartment in case of divorce. Are there any chances?
What if I did not get on with the characters? Divorce? And if there is nowhere else to live? These questions are of concern to many Russians, since the issue of the division of property is very scrupulous. Many people know that everything should be divided in half. But is it all so simple in reality? Let's see how the division of the apartment occurs in the divorce.
According to the law, as is known, joint property and, naturally, an apartment, is divided in half between husband and wife. But it is impossible, for example, to cut a country house or a city dwelling in half.
How does the court determine the shares of husband and wife?
Since after the divorce, people who applied forhelp in the legislative bodies, as a rule, can not independently agree, the court sets equal conditions, establishing how exactly the division of housing will take place during the divorce.
1. The court determines the rights of relatives to a particular room in a 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 from the missing amount.
3. Solves options for partitioning property "in kind" or in other ways.
How does divorce occur?
The flat after an unsuccessful marriage can be shared between the spouses in the following ways.
1. Peaceful option. There is a mutual agreement on the exchange of the common apartment for two others.
2. The section of money received from the sale of an apartment. This option is also organized by the court.
3. Section of the apartment when divorced "in kind." The apartment, acquired in a marriage, is divided, as well as all other property. The court determines the share of the husband and wife, as a rule, they are appointed absolutely equal. The cost of housing is assigned at the market price. An additional appraisal examination may be appointed.
What if the apartment has not been completed yet?
It also happens that the husband and wife started building an apartment or giving, 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 house for each of the spouses, proceeding from the technical characteristics of the dwelling. For example, to allocate specific rooms, based on the possibility to bring the construction to completion.
2. Divide the building material and individual constructions of the unfinished building, if joint construction is unrealistic.
How does the division of an apartment occur when a child is divorced?
It is widely believed that all things are not dividedonly between husband and wife, but also between children. In fact, the law regulates only the rights of spouses, since children are not related to the purchase of housing. Exceptions can be made in favor of one of the spouses, if he brings up a child, for example, with limited opportunities in health. This will have to be proved in court.
So, if the section of the apartment comes to a divorcecourt, then the relationship of spouses heated to the limit. In such a situation, unfair actions of one of the parties are possible, therefore it is advisable to impose administrative arrest on housing before making a decision.