divorced apartment section

[Anonymous]

Hello. The question of divorce has ripened, tell me how the division of property of spouses, in particular the apartment, will occur. The apartment is privatized. I am the owner. We also have an adult daughter, but she did not participate in privatization?

 

[Адвокат]

Re: division of property during a divorce Hello, Veronica. The legal regime of spouses property is the regime of their joint ownership. According to Art. 34 of the RF IC, property acquired by spouses during marriage is their joint property. The property acquired by the spouses during the marriage includes the income of each spouse from labor, entrepreneurial activity and the results of intellectual activity, received pension, benefits, as well as other cash payments that do not have a special purpose. The common property of the spouses is also movable and immovable property acquired at the expense of the common income of the spouses, securities, shares, contributions, shares in capital contributed to credit institutions or other commercial organizations, and any other property acquired by the spouses during the marriage, regardless of in the name of one of the spouses it was acquired or in the name of which or which of the spouses money was deposited. According to the norm of this article, you can only divide property that was acquired during the marriage at the expense of total income. When dividing the common property of the spouses and determining the shares in this property, the shares of the spouses are recognized equal. Your daughter does not participate in the division of the common property of the spouses, since the property is divided only between the spouses. According to Art. 39 of the IC of the Russian Federation, when sharing property, interests of only minor children are taken into account. According to this article, the court has the right to depart from the beginning of equality of shares based on the interests of minor children. The division of the common property of the spouses is carried out either by their agreement or in a judicial proceeding at the request of one of the spouses. As for your apartment, this apartment is not subject to division, since privatization is a gratuitous transaction. In accordance with Art. 36 SK RF, property received by one of the spouses in a gratuitous transaction is his personal property.

 

[Anonymous]

We have 3 rooms. the apartment is adjacent separate. In privatization, a husband and an adult son each of them has 1/5 of the privatized apartment in 1999 .. 3/5 of the marriage was bought for me in July 2000. In September 2000, a second son was born. As part of the property will be taken into account the interests of a minor child. The child stays with the mother. Thank!

 

[Адвокат]

Hello, Lana.

I did not quite understand your wording “3/5 of the parts purchased in marriage to me” - for whose money, by whom did you buy, did you participate in privatization, if so, why not write about your share?


The child is not related to the property of his parents, therefore, according to prevailing judicial practice, the division of jointly acquired property is carried out on an equal footing.
In an extreme case, if the financial situation of one of the spouses is substantial (for example, several orders of magnitude) better than that of the spouse with whom the child remains, the court may depart from this rule. But such precedents are few.