The family union implies that the spouses have much in common - common interests, children, property. When the marriage is dissolved, everything that has been acquired by the spouses, as a rule, is subject to division. The section can be amicable - that is, the spouses decide all issues peacefully, or through the court - when it is impossible to agree. In this article we will discuss the division of real estate in the divorce, namely the apartment.
How to divide an apartment?
The division of an apartment, house and other property during the divorce of spouses is a troublesome and difficult matter. When the apartment is the common property of both spouses, and they can not agree on their own, the real estate section takes place in two ways:
- Real estate sale and money sharing between spouses. If one of the spouses objects to the sale of real estate, then its sale can be appointed in court. First and foremost, the bailiff determines what proportion of housing each of the spouses asks for. As a rule, shares are considered equal, with the exception of some cases. During the division of housing with divorce, its value is determined in accordance with the market value of similar housing. For its exact definition, a realtor is invited.
- Section of property - apartments, with divorce in kind. This means that each spouse is awarded a certain part of the apartment, which he has the right to dispose of.
If the case of the division of property in divorce comes to court, then, as a rule, in this situation the relationship between the spouses is extremely spoiled. In the course lie, slander and various methods that hinder the fair division of property. Often, one of the spouses begins to argue that the property was not acquired by marriage, but was solely his property. In such disputable situations, the court seizes real estate and begins collecting evidence to resolve the situation.
And if she was borrowed?
To date, a fairly common situation is that former spouses begin to share the housing purchased on credit. If the loan is still paid, then the former spouses have no right to sell the property. In this situation, you can proceed as follows:
- apply to the court asking for a mortgage section for an apartment in a divorce. That is, each of the spouses from the moment of divorce starts paying off half of the monthly payment. It is not possible to carry out a section of the loan during divorce directly through the bank;
- re-issue a loan to one of the spouses. According to the current legislation, the division of debts during divorce is made in equal shares. But if the couple came to an agreement, then divorce eliminates the need to partition the apartment - the mortgage is reissued for one person. In this situation, as a rule, the second spouse receives a certain monetary compensation and is deprived of any rights to the apartment;
- early repay the loan and divide the property.
The division of a privatized apartment with divorce is made only if the property is privatized by both spouses. Otherwise, the absolute owner
The division of a municipal apartment during divorce is made either peacefully with the consent of both spouses, or through a court.
Any division of real estate during divorce takes away a lot of nerves from each of the spouses. In the event of any controversial situation, it is necessary to hire a lawyer - only with his participation each of the spouses will be able to achieve the court's most advantageous decision.