Apartment Purchased Before Marriage Children Appeared During Marriage What Happens During Divorce

Property division

Property acquired during family life is considered community property and upon divorce is subject to division by spouses in equal shares. Whether the wife works or not does not matter. Even if she did not bring income to the family, she was involved in housekeeping and raising minor children (if any).

The court may take the husband's side if it is proven that the wife used common funds to the detriment of the family, skipping them, drinking, etc.

If the spouses have entered into a marriage contract, which stipulates property issues in the event of divorce. If the agreement states that the owner of property acquired during marriage with funds earned by the husband is himself, the wife will not be able to lay claim to such property.

Division of a mortgaged apartment during a divorce

When spouses with children divorce, the mortgage or the real estate itself must be divided in such a way that the property interests of minors are respected.

1. Securing the obligations of both spouses in the event of a divorce, according to which if one of them stops paying his part of the debt or is unable for some reason, then these obligations will be assigned to the other spouse. Thus, the bank provides itself with a guarantee of loan repayment.
2. Opportunities for one of the spouses to become co-borrowers (buying out a share, etc.).

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Nuances of property division

For example , a citizen decided to sell a “pre-marital” apartment, of which he is the owner, and purchase a new one. Moreover, the purchase and sale transaction is carried out already at the time of marriage. It seems that the money received after the sale is considered his, and the living space purchased for it is also his.

According to the law, as soon as the owner completes the sale of the “premarital” home and purchases a new one, it will automatically be considered jointly acquired. Accordingly, when citizens decide to disperse, the living space will be divided 50/50 . If the former owner cannot prove to the court that the other party did not invest in any way in the acquisition and further improvement of the housing.

Children

The rights of minors are zealously protected by the guardianship service. During divorce proceedings, the court will decide with whom the minors will live. The other parent will be required to pay child support. The parties can come to an agreement peacefully without making show scenes. It doesn’t matter who the child ends up with, the other half (even the mother) will be obliged to help.

Who worked

When two people come together, they run a household together. According to the law, their rights are the same. It doesn’t matter who invested more material wealth and earned more money. This is fair, because after the birth of a child, a woman has to spend several years on maternity leave. Some spouses themselves ask their wives to stay at home, maintaining the “hearth.”

Therefore, the claims of the participants regarding the duration of work, the amount of income and the level of investments are considered insignificant when dividing property. Even a wife who never works has the right to receive half of the property acquired jointly.

When personal property becomes common property

Property acquired by a citizen before marriage will be joint if it was changed/updated/modified/repaired using common funds before the divorce.

For example, a residential building was renovated: a second floor was built, the first was expanded by adding a couple of rooms, and the roof was updated. Or the car’s engine and chassis were replaced, wheels were purchased, and it was painted.

Any large-scale changes will transform personal property into common property.

Legal disputes regarding this aspect can be lengthy. The judge needs to identify the line that determines the degree of change in the subject. When it is considered significant, requiring large expenses. And which side made more investments. Documents will help here. If the owner keeps checks, receipts, and invoices, this will help him confirm the significance of the expenses incurred. In addition, the court may initiate an appraisal examination.

An apartment with a mortgage before marriage: how to divide during a divorce

• The first is to pay off your mortgage before getting married. It is clear that most often this option is not feasible, but if you have extra funds, it is better to repay the debt to the creditor in full.

• The second option is a prenuptial agreement. A prenuptial agreement is an agreement between people who are getting married. With its help, the property rights and obligations of spouses during marriage and (or) in the event of its dissolution are determined. This option is the most optimal, since it presupposes a mechanism for dividing property between spouses in the event of divorce. In our country, marriage contracts are rarely practiced, but in some countries they are used in almost every second marriage.

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Of course, it is better to come to a mutual agreement. For example, a spouse can allocate a certain amount to his wife and she will agree to a divorce without any claims. The only problem is that not all divorces can be resolved, roughly speaking, amicably. Often spouses feel anger towards each other, so divorce and division of property are possible only through the court.

How can property be divided?

There are 3 options for dividing property:

1. Through an oral agreement, if the husband and wife have no claims or questions regarding the composition, division and order of use of things.
2. The parties entered into a marriage contract before marriage or during marriage, in which they determined the procedure for disposing of movable and immovable property.
3. The parties signed the separation agreement and certified it by a notary.
4. One of the spouses filed a claim in court (if the value of the claim is up to 50,000 rubles - in the world court; if more - in the district court).

There is another option for dividing property, but it is of a forced nature - at the request of creditors to foreclose on the property for the debts of the husband/wife.

What property is considered personal?

The personal property of each spouse is:

• property acquired before marriage;
• property received by inheritance;
• present;
• things intended for individual use;
• intellectual property right.

At the same time, expensive items, even if they are used only by one of the spouses, are not considered personal. For example, an expensive antique necklace, unless it was inherited or given as a gift, will be considered joint property in the event of division, and not a personal item belonging only to the wife. At the same time, a simple piece of jewelry purchased with joint money will be recognized as personal.

What is shared

During a divorce, only jointly acquired property can be divided, namely:

• real estate acquired during marriage;
• bank deposits, securities (except those held by spouses before marriage);
• other movable and immovable property.

In this case, it does not matter which spouse contributed and how much to the family budget; both have the rights to half of the joint property if they decide to divorce and divide it.

What cannot be divided

Personal property of spouses is not subject to division, namely:

• acquired before marriage;
• purchased with the personal funds of one of the spouses;
• received as a gift or inherited;
• personal belongings (except for particularly expensive property, such as antiques, ancient jewelry, etc.).

There is an exception to this rule: if personal property during the marriage was significantly improved by joint funds or personal money of the second spouse, it becomes joint property and is subject to division.

For example, a spouse had an apartment that she bought before marriage. But during the period of their marriage, at the expense of the husband’s personal funds, the living space was overhauled, and its value doubled. In this case, the property ceases to be personal property and is considered joint property.

How is a car purchased before marriage by one of the spouses inherited?

Inheriting property after the death of one of the spouses is a painful and sensitive topic.
When spouses live together happily, such questions do not come to mind. However, due to life and often tragic circumstances, we have to deal with such issues. Ambiguous controversial situations arise when it comes to inheriting property acquired by a deceased spouse before marriage.

Issues of receiving and registering an inheritance are regulated by the norms of family law (Articles: 33–38 of the RF IC), civil legislation (Articles: 256, 1118, 1119, 1141, 1142, 1149, 1150 of the RF Civil Code).

At the same time, in order to take into account all the nuances in such a complex matter as inheritance, it is necessary to navigate the notarial legislation and regulations of the Supreme Court on these issues (Resolution of May 29, 2012 No. 9).

Only a lawyer specializing in this field or an experienced notary can competently formalize the inheritance procedure, taking into account all controversial issues. However, you can also acquire general practical knowledge in the field of inheritance on your own.

If there is a will of the deceased spouse, difficulties in the inheritance procedure usually do not arise. In his will, the deceased stipulated to whom he would prefer to leave property after his death, and in what amounts.

If the deceased spouse had minor children under 18 years of age, then they are entitled to a legally obligatory share, regardless of whether he indicated them in his will or not. The mandatory share is also provided for by law in relation to the parents of the spouse and disabled relatives who are dependent on him.

The amount of the obligatory part will be calculated based on the value of the unprobated property. And if there is no such property or if there is not enough property free from the claims of the heirs, then the estate specified in the will is taken into account.

If the deceased spouse does not have such heirs, and in the will he assigned the apartment to his wife, then so be it, without any exceptions.

In the absence of a will, the situation becomes more complicated. According to the provisions of civil legislation (Article 36 of the Civil Code of the Russian Federation), jointly acquired property does not include:

• personal property of the spouse (acquired by him before marriage);
• donated property (if married);
• property inherited during marriage.

Thus, an apartment purchased before marriage is not the undisputed inheritance of a widow or widower. Other family members (first-degree heirs): parents and children of the deceased also have the right to claim this property.

The distribution of shares occurs in this situation in equal proportions. The situation is similar with the division of shares in relation to donated property, including an apartment, during marriage.

If, besides the widowed spouse, there are no other primary heirs, the apartment acquired before marriage will go to him.

According to the provisions of the current legislation, inheritance of a privatized apartment occurs as follows:

• Opening of an inheritance case (day of death of the testator). It is customary to count all deadlines provided for registration of inheritance from the date of death of the testator;
• Providing a statement of intention to accept the inheritance. The heir must submit an application to the notary's office at the place of residence of the testator no later than 6 months from the date of opening of the inheritance;
• Obtaining a certificate of inheritance of an apartment. Issued by the notary who opened the inheritance case after 6 months from the date of death of the testator.

The first thing that needs to be determined when starting to divide property is the regime of its legal regulation, i.e. the rules applied to it.

The Family Code of the Russian Federation (FC) provides for two legal regimes for the property of spouses - legal and contractual.

The legal regime is the general, most common option for regulating matrimonial property. So, according to Art. 34 of the Family Code, property acquired by spouses during marriage is their joint property.

Art. 256 of the Civil Code of the Russian Federation (Civil Code) adds to this: unless an agreement between them establishes a different regime for this property. This addition refers to the second mode of legal regulation - contractual, which is less common, but provides significantly greater guarantees of respect for the rights of the parties.

Two main instruments of the contractual regime are used - a marriage contract and an agreement on the division of property.

A marriage contract can be concluded both before the marriage is registered and at any time during the marriage. An agreement on the division of property has a narrower subject and is concluded, as a rule, before the dissolution of a marriage or immediately after it.

If there was, then the difficulties are reduced to a minimum: it is only necessary to establish whether all marital property is covered by the agreement and whether the articles of the agreement do not violate the rights of any of the parties. The mere existence of an agreement cannot insure against going to court, but it significantly reduces this likelihood.

If there was no agreement, then we can only rely on the good will of the spouses, who until the last preserve the possibility of a peaceful resolution of the issue.

Next, you should separate the joint property of the former spouses from the personal property of each of them.

As a general rule, according to Art. 256 of the Civil Code, property acquired by spouses during marriage is their joint property.

Art. 34 of the IC details this rule, referring to the common property of spouses:

• income of each spouse from labor activity, entrepreneurial activity and results of intellectual activity;
• pensions, benefits received by him, as well as other monetary payments that do not have a special purpose;
• movable and immovable things acquired at the expense of the common income of the spouses, securities, shares, deposits, shares in capital and any other property acquired by the spouses during the marriage, regardless of which of the spouses it was acquired in the name of, or in the name of which or which of the spouses spouses contributed funds.

Thus, the salary of either spouse, as well as things purchased with it, belong to the common property, subject to division after a divorce.

At the same time, the right to common property is also given to the spouse who did not have income for good reasons (housekeeping, child care, etc.).

Property that belonged to each of the spouses before marriage, as well as property received by one of the spouses during marriage as a gift or by inheritance, is his property.

Items for personal use (clothing, shoes, etc.), with the exception of jewelry and other luxury items, although acquired during marriage at the expense of the spouses’ common funds, are recognized as the property of the spouse who used them.

Exclusive rights to the results of intellectual activity (inventions, computer programs, works of literature and art, etc.) are also recognized as the personal property of their author (which does not apply, however, to income from their use).

Finally, children's things are recognized as belonging specifically to the children and remain with the parent with whom the children will live.

When separating the joint property of spouses from their personal property, most of the difficulties arise that cause ex-spouses, lawyers, and judges to stumble.

There are many possible ambiguous situations here that require painstaking study and legal qualifications.

For example, one of the spouses before marriage owned a share in the ownership of an apartment, and during the marriage he sold it and acquired another property - a car. What to do in this case, should the car be recognized as common property?

There are also cases when property that formally belonged to one of the spouses is removed from his possession for one reason or another before the divorce (a car is sold “by proxy,” an apartment is “gifted” to distant relatives, etc.).

All this must be carefully taken into account when determining the total amount of property to be divided. Solving such issues requires skill and experience, and for this it is better to contact lawyers who specialize specifically in the division of property.

It is clear that only property recognized as the joint property of the spouses is subject to division.

As a general rule, the shares of spouses in common property during its division are recognized as equal (Article 39 of the Family Code).

The court has the right to deviate from the principle of equality of shares of spouses based on the interests of minor children or one of the spouses (for example, in cases where the other spouse did not receive income for unjustified reasons or spent marital property to the detriment of the interests of the family).

Of course, not everything can be divided in kind, according to the principle: half for you and half for me. For example, a one-room apartment, a car, or some valuable painting cannot be divided into two.

We invite you to familiarize yourself with the conditions for divorce in the registry office

Section order

In accordance with the IC, spouses can divide joint property in two ways:

• by concluding a voluntary separation agreement;
• judicially.

If the ex-husband and wife are able to solve the problem of division peacefully, then they can draw up a voluntary agreement. They can sign such a document both during any period of marriage and after its dissolution.

Marriage contract

In the Russian Federation, concluding a marriage contract is currently a rare occurrence. Mostly successful businessmen resort to it to protect their business in case of divorce. The contract can be concluded both before marriage and during the marital relationship, but until the divorce procedure has begun.

In it, the signatories stipulate the procedure for dividing property in the event of divorce and partition, and the procedure for dividing can be stipulated not only for existing property, but also for property intended for acquisition.

A conflict-free solution - an amicable agreement between the spouses

If both parties agree to an out-of-court settlement of the issue and there is no conflict between them, then they enter into a corresponding written document (a settlement agreement on the division of property), in which they indicate the shares of each party and notarize it. If the agreement is left in simple written form, it will not have legal force. Such a document will not work anywhere, including in court. Since December 29, 2015, Federal Law No. 391-FZ has established that it must be notarized.

Through the court

If, however, the former spouses cannot independently agree on who takes what things, then the matter comes to court. When resolving a conflict in court, the court initially determines the composition of the property suitable for division, and then allocates a part of each spouse.

But if one of the parties receives property, the price of which significantly exceeds its legal share, then the court may oblige this party to pay the former spouse material compensation (compensation) in cash or other form.

Example : At the time of marriage, the husband bought a rare painting by a famous artist, which cost more than 1,500,000 rubles. The wife was not against the transfer of this property to her ex-husband, provided that the court ordered him to pay compensation to his ex-wife in the amount of 200,000 rubles.

Required documents

In order for the court to accept the claim for consideration, the applicant must provide the court with a certain package of documents, namely:

1. Statement of claim in several copies. The number of copies depends on the number of parties to the process.
2. Certificate of marriage and its dissolution, if a divorce has already occurred.
3. Title documents for all property proposed for division.
4. If there are minor children, a birth certificate for each child.
5. Receipt for payment of state duty.

All documents, except the receipt, are submitted in copies; the plaintiff must bring the originals to the trial for the court’s review.

Statement of claim

In the statement of claim, the plaintiff provides the following information:

1. The name and address of the court to which he is applying.
2. Data on all sides of the process.
3. The price of the claim.
4. A list of all items expected to be included in the section with a detailed description of each of them.
5. List of articles and laws to which the plaintiff refers in his claims.
6. Requirements for the division of joint property.
7. A numbered list of all attached documents.

The apartment was purchased before marriage - who is the heir after the death of the owner?

First, try to search for your spouse, visit his last place of residence, talk with neighbors, mutual acquaintances, and his relatives to find some information. If the search does not bring results, file a claim for divorce at the last known place of registration of the defendant at the place of residence.

Please note that the court will request information about the defendant’s registration from the passport office.

• It should be understood that the party who insists on dividing the debt can also turn to lawyers. That is why, in order to prove the fact that the borrower spent funds on personal needs, the maximum evidence base should be prepared.

Spouses must decide to schedule a trial for the division of property and loans “with a cool head.”

It is necessary to realize that paying for the services of lawyers and the time spent, as well as nerves, in such cases are not always worth the final result.

It is better to try to reach an agreement without litigation.

KiB, 2,017 hits) Statement of claim for divorce on behalf of the husband (17.5 KiB, 2,018 hits) Statement of claim for divorce without children (15.0 KiB, 5,674 hits) Statement of claim for divorce with the consent of the spouses ( 17.5 KiB, 2,663 hits) Statement of claim for divorce when one spouse does not agree (17.5 KiB, 2,999 hits) Statement of claim for divorce and division of property (22.0 KiB, 4,999 hits) Statement of claim on divorce and collection of alimony (18.5 KiB, 1,500 hits) Statement of claim for divorce and determination of the child’s place of residence (21.5 KiB, 1,895 hits) Questions when filing a statement of claim for divorce What to do if there are missing documents about marriage? If you do not have a marriage certificate, you must contact the registry office that registered your marriage to issue a duplicate certificate.

He became a borrower secretly from his spouse, and during a divorce, a legal dispute flared up between them when the other party learned that the borrower (husband or wife) had a loan. By issuing a loan only with the participation of two spouses, the bank has the opportunity to return the entire amount from the debtors:

• If one of the spouses acted as the borrower and the other as his guarantor. At the same time, the bank does not care which spouse will pay the money, and whether at one point the borrower will stop paying, shifting the responsibility for repaying the loan to the guarantor;
• If the spouses acted as co-borrowers when applying for the loan. In this case, during a divorce, credit obligations are divided in half between husband and wife;
• If there was written consent from the second spouse.

Forbidden

For example, if a husband comes to the bank to apply for a car loan, the bank employee will definitely ask him to indicate his spouse as a guarantor or co-borrower. Accordingly, both options will require the signature of the second spouse and his personal presence at the bank.

If we are talking about loans for a small amount, the bank may make concessions and ask the borrower to bring the written consent of the spouse to apply for the loan. The bank does this with one simple goal - to protect itself as much as possible from the occurrence of legal disputes over the loan in the event of a divorce.

Before the introduction of this unspoken (and in some banks documented) rule, there was a situation where one of the spouses, in a tense relationship with the other, took out a loan for himself.

List of documents attached to the application (copies according to the number of persons participating in the case):

1. Copy of the statement of claim
2. Document confirming payment of state duty
3. Marriage certificate (original)
4. Copy of the child(ren)'s birth certificate

Date of application " " 2020 Signature of the plaintiff Is it worth combining a statement of claim for divorce with other claims In a civil case, you can combine homogeneous claims against one defendant in one statement of claim (Article 151 of the Code of Civil Procedure of the Russian Federation). In relation to divorce, this means that in one statement of claim you can ask the court to dissolve the marriage and collect alimony, divide the property of the spouses, or determine the place of residence of the child.

Sudelko

If a man and woman decide to tie the knot, they believe that they will live together all their lives, accumulating common property for their heirs.

But statistics show that more than half of married couples break up after less than 5 years of marriage.

A divorce can go smoothly if the spouses agree on everything with each other: they decide who the children will stay with, how the property will be divided, what alimony one of the parents will pay, and, including, how the loans will be divided during the divorce.

But it is extremely rare that during a divorce, a husband and wife remain on good terms, and each party at the time of divorce takes care of its own interests, trying to take more acquired property and leave debts to the ex-spouse. The loan after a divorce is divided equally between the spouses, but this is only an axiom, and in practice there are many deviations from the stated rule. 1.

In accordance with it, the testator cannot deprive the right to inherit from his minor or disabled children, disabled spouse and parents, as well as his disabled dependents, that is, all persons supported by the testator.

Regardless of the contents of the will, they have the right to receive at least half of the share that would be due to each of them upon inheritance by law. The obligatory share includes everything that the heir, who has the right to such a share, receives from the inheritance for any reason (Article 1149 of the Civil Code of the Russian Federation). Step 2.

Consider the peculiarities of inheritance by law (if a will was not drawn up) If the deceased spouse did not draw up a will, inheritance is carried out according to law. Heirs by law are called upon to inherit in order of priority (Article 1141 of the Civil Code of the Russian Federation).

• Determine the court to which you will need to submit your application - Jurisdiction of claims.
• Pay the state fee when filing a claim - State fee to court.
• Collect the necessary documents, make copies of them and draw up a statement of divorce according to our sample.
• If you have additional questions or your situation is beyond the typical, ask questions in the online consultant.
• How to file a claim for divorce In general, a claim for divorce must be filed with the magistrate at the defendant’s place of residence. When filing a claim, a state fee of 600 rubles is paid. The statement of claim is accompanied by an original marriage certificate, a document confirming payment of the state fee, copies of birth certificates for minor children and a copy of the statement of claim for divorce for the defendant.

Some banks refuse to issue large loans (for example, a mortgage) unless a marriage contract is signed between the spouses, which stipulates in detail who will pay the loan in the event of a divorce, and who will receive the jointly acquired property in what shares.

If a marriage contract has not been concluded, and the spouses cannot come to an agreement on the division of property, they will have to go to court, which will make a decision based on various factors. At the same time, the opinion that the debts of a husband and wife during a divorce are divided in half is erroneous.

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Debts are transferred to spouses not in equal shares, but in proportion to the property that remains with the parties upon divorce, but there are many nuances here too. In order for the spouse for whom the loan was issued to be able to declare its division during a divorce, the court must recognize the debt obligations as common to the spouses.

Law of 13.07.

In addition, for the issuance of a certificate of inheritance rights, it is necessary to pay a state fee (or a notary fee - when contacting a private notary), the amount of which depends on the share in the ownership of the apartment (clause 22, clause 1, article 333.24, clause 3 p 1 Article 333.25 of the Tax Code of the Russian Federation; Article 22 of the Fundamentals of the Legislation of the Russian Federation on Notaries). Reference.

Attention

We present a statement of claim for the division of property after a divorce. The division of property between spouses can be made at any time after a divorce. If the spouses have not reached an amicable resolution of this issue, they can file a claim in court for the division of jointly acquired property. Please note that such claims are subject to a three-year statute of limitations; it begins to run from the moment the spouse learned of the violation of the right, and not from the date of divorce.

In general, property is divided equally between spouses. Property that was acquired before marriage, received through privatization, inheritance or as a gift is not subject to division. Everything acquired after a divorce is not shared. Clothes, shoes, and other personal items are not shared between spouses, with the exception of jewelry and luxury items.

At that time, the relationship with my stepmother was developing normally and I decided to give up my share in her favor. My brother did not declare himself as an heir at all, and the notary did not inform my sister that an inheritance case had been opened, because Questions and answers: inheritance Persons indicated in the same line inherit in equal shares, with the exception of heirs by right of representation.

If there are no heirs in one line, heirs in the next line are called upon to inherit.

People who get married are confident in their love and devotion to each other. Many people do not think about property issues at all. However, it is very important to understand who will get what in the event of a divorce or in the event of the death of one of the spouses.

While married, spouses acquire property. It doesn’t matter who pays for it and in whose name the purchases are made. It is still considered joint property.

In Art. 34 of the Family Code of Russia clearly defines its list:

• income of both spouses;
• movable property;
• deposits;
• shares;
• real estate;
• securities of value;
• shares in capital.

Features of the division of different types of joint property

Different types and types of property are divided differently. The procedure for dividing a vehicle and a land plot or an apartment and a country house cannot be the same, since these types of property are different.

Let's look at how some of the most common ones are divided.

How is maternity capital divided?

The husband has no right to maternity capital funds; these are targeted payments that belong only to the wife.

But if the spouses invested MK in the purchase of residential premises, then there are several nuances during the division, namely:

1. If only MK funds were invested in the purchase of housing, then during a divorce it is transferred to the wife, since the husband has nothing to do with the maternal certificate.
2. If the spouses used the MK to pay off the mortgage, or as a first payment for the mortgage, but at the time of the divorce the loan had already been repaid, then when dividing, the amount of the invested MK and the share of the apartment (or house) attributable to This amount is entirely transferred to the wife. The remainder of the property is divided equally. As a result, the husband receives a share of the apartment, which is worth less than the wife by the amount of MK.
3. The capital was invested as a down payment on a mortgage that was not paid off at the time of the divorce. This is the most difficult version of the section. In any case, that part of the living space that corresponds in value to the amount of MK has already been paid, it is completely transferred to the wife and children. Next, a complex calculation is made. The part of the apartment for which the mortgage has already been repaid is divided equally, leaving a share corresponding in value to the unpaid mortgage. Here the court proceeds as follows: part of the property, corresponding in value to the outstanding part of the loan, is transferred to the spouse who will repay the balance of the mortgage.

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For example, a married couple bought a two-room apartment worth two million 400 thousand rubles. Of this, they invested 400 thousand from MK funds, and took out a mortgage loan for the rest. A few years later, the couple divorced. At the time of the divorce, only half of the loan was repaid.

The division took place as follows: a share corresponding to 400 tr. was transferred to the wife, a share equal to the repaid amount of one million rubles was divided equally between the spouses, and a part corresponding in value to the million rubles outstanding on the mortgage was transferred to the husband, in whose name the mortgage was issued.

As a result, the wife received a share equal to (450 rubles + 500 rubles) 900,000 rubles, and the husband received a share of residential premises equal to (500 rubles + 1 million rubles) one and a half million rubles.

How are loans divided?

All loan obligations can be divided into personal (loan funds were used for personal purposes and repaid from personal funds) and joint. The second option is the most common. The division of the outstanding loan depends on many factors, such as:

1. The husband became the guarantor for the wife’s loan (or vice versa), and the loan was used for general needs. Such a loan is divided equally, that is, both husband and wife are equally responsible for its repayment.
2. The husband (or wife) is the owner of the credit card on which there is debt. The second spouse does not bear any responsibility for servicing the card and paying off the debt.
3. One of the spouses took out a consumer loan for personal needs, for example, to buy a telephone. The obligation to repay the loan does not apply to the second spouse.

Thus, only those loans that were issued for the purchase of joint property are subject to division, and if this property is transferred to one of the spouses, then the second is released from the obligation to service the loan. Moreover, he may demand half of the funds already spent on repaying the loan.

Before the procedure for dividing joint property and loan obligations, it is advisable to find out a few more important points:

1. Clarify the terms of the loan agreement. Pay special attention to those points where the borrower and guarantor are indicated and how the bank intends to solve problems with delays in loan payments. If, for example, the husband is listed as a guarantor for his wife’s loan, then in cases where she is unable to service the debt for some reason, the husband will have to pay it as the guarantor.
2. It is also necessary to clarify for which purchase the loan agreement was drawn up. If borrowed funds were spent on acquiring joint property, then the spouses will have to repay it jointly. If the money was used to purchase personal property, then the balance of the loan will be repaid by the spouse for whom the borrowed funds were intended.

If the apartment is one-room

In fact, it is impossible to divide a one-room apartment into two; living together after a divorce is also unlikely; several division options remain:

1. The property is transferred to one spouse, the second in return receives other joint property equal in value to the living space. For example, the wife gets an apartment, and the husband gets a car.
2. Sale of residential premises and division of funds received in accordance with shares.

Privatized apartment

The division of an apartment purchased during marriage and one privatized during the same period are significantly different. In the first option, the legislation does not see any difference - the living space is registered for one spouse or for both; in any case, it is divided equally. But if the residential premises were privatized for one spouse, then during the division the second has no right to it.

In such a situation, he may lose any opportunity to even use the residential premises if, for example, his registration in the residential premises has expired (with temporary registration).

Mortgage

As a rule, a mortgage on an apartment is issued in the name of one of the spouses (the one who takes out the mortgage loan). Of course, both participate in repaying the mortgage, so each of the married couple has the right to a share in the residential premises, but this is much more difficult to realize.

Most often, ex-spouses try to re-issue a loan for both of them, but banks are not always willing to undertake such a procedure, especially if the second spouse has a low income.

You can simplify the division of such a property if you take care of it in advance. There are two options:

1. Conclude a marriage contract.
2. Sign a special agreement with the bank, where the parties will prescribe the procedure for division and payments under the loan agreement in the event of divorce and division of property.

Vehicle (VV)

A car is considered indivisible property, since it is actually impossible to divide it. There are several section options:

• the car is transferred into the ownership of one, the second in return receives monetary compensation in the amount of half the cost of the vehicle;
• similarly, the car is transferred to one spouse, and the second receives other property, the value of which is equal to the price of the car;
• The vehicle is sold, the proceeds are divided;
• the car is transferred to a third party, for example, an adult joint child or another family member.

Earth

The land plot is divided in the same way as any other joint property - equally. But there are many nuances when dividing land.

How to divide indivisible things

It often happens that common property includes things that spouses want to keep for themselves. In such situations, the court acts in the following order:

• Former spouses are invited to determine for themselves who will get this item. Further: the parties determine the value by mutual agreement or on the basis of the appraiser’s conclusion (if there is no agreement);
• the court, based on the price, assigns monetary compensation to the spouse left without the property from the funds of the other spouse.

For example , spouses cannot share a car. The court found that the ex-wife does not have a driver's license and for health reasons cannot drive a vehicle. While the other spouse works in a remote place from residence. The judge is more likely to leave the property to the husband.

How to register an inheritance for an apartment

Divorce involves a large number of actions that are aimed at resolving certain controversial issues, including with jointly acquired property. In addition, situations often arise when one of the spouses received housing, but it was transferred as a gift or as an inheritance. Who will get this apartment? In this matter, the law has a clear justification.

When divorce proceedings occur, the problem arises of how to share jointly acquired property.

Is everything that is in the possession of a spouse subject to division? It is also important to understand whether the spouses bought real estate, whether it was inherited, and whether the apartment, which was determined to be a gift, is divided? All this should be determined before filing claims in court, and to understand how to distribute existing property, it is enough to refer to the Civil Code (Civil Code of the Russian Federation).

According to the Civil Code of the Russian Federation, all property that was formed during marriage will be classified as common, including wages, various payments, bonuses and compensation.

In addition, if only one spouse works in a family or, for example, an apartment is purchased in the husband’s name, then it is still shared and is transferred to the husband and wife in equal shares. The main thing is that the property was acquired during marriage.

Everything that existed before the registration of the relationship or appeared after the official registration of the divorce will not be recognized as common property.

Speaking about the code, it should be noted that it also contains several exceptions:

• if the property is inherited, that is, the apartment was inherited by one of the spouses, including in the case when the wife receives property from another marriage after the death of her husband;
• if the property was received as a gift, the donated apartment cannot be divided between spouses;
• personal items, those intended for individual use.

Thus, the law provides that the general procedure for dividing property during a divorce cannot be applied to inherited real estate, as well as gifted real estate.

If one of the spouses earned money and made a significant contribution to the common property, but at the same time, through his behavior, created difficult situations for the family due to the abuse of alcohol, drugs or gambling, then he may be deprived of the opportunity to receive his part of the property. If the apartment was purchased, for example, with the money of the wife, which was given to her by her parents, then this property may also remain the property of the spouse, despite the fact that in fact the apartment was purchased during marriage.

Judicial practice has encountered situations where spouses tried to divide even the property that one of them received before marriage. This situation can exist in different ways, but in any of them it is necessary to take into account the characteristics of each individual case. The bottom line is that an apartment purchased before marriage may not always be individual property, just as it is not always possible to divide the property that was formed during the marriage relationship.

If any property was received before the registration of the relationship, then it will belong to one person.

The new law, which was adopted in its latest edition, does not change this rule, but allows for a number of exceptions that relate to violations of the rules for the division of real estate that is not considered common property:

• the apartment was purchased before marriage, but the spouse, who did not have rights to it, proved his participation in its maintenance, payment for repairs and construction work, which gives him the right to claim this type of property;
• the apartment was purchased under a mortgage agreement before the marriage, but after that all payments on the loan were made by each of the spouses, including those who did not previously have rights to this property.

When these options occur, it is allowed to divide property that was acquired before marriage as common and jointly acquired property.

Involvement of the apartment, loan repayment and other expenses must be proven. Otherwise, the property will not be part of the common property, which may entail a requirement to move out from the apartment owner to the second spouse.

Sometimes difficulties arise when spouses buy an apartment, but register it in the name of only one of them, that is, according to the documents there is one owner, but in fact and the principles of civil relations there are two.

When considering claims for division of property in court, it is most often enough to present an agreement on the purchase of an apartment, which will indicate the date of its conclusion. If it falls during the marriage, then the property is shared.

However, in some situations, the interested party has to prove his involvement in the acquisition of the apartment and its maintenance.

And there may also be a risk that you will need to vacate the living space. The court can only help in this matter by giving a few months to move, but you will still have to lose your place of residence.

If going to court is problematic, for example, from a financial point of view, then there is an option to reach an agreement through a peace agreement.

Another conflict situation during a divorce is the division of an apartment inherited by a spouse. The division of property in such a situation will also cause difficulties, especially considering that the property that is given to a person in this order cannot, by law, belong to anyone other than the heir. This is how the rule sounds in general, but exceptions are allowed when even the second spouse has the right to present his demands.

Inheritance is almost always associated with the personal rights of a person. Accordingly, it is necessary to confirm your involvement in the property received. This is not easy to do, especially when making a will. Thus, the law directly provides that this property cannot in any way become the object of family relations during its division, since it fully belongs only to one of the spouses by right of inheritance.

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The situation with inheritance is similar to a gift agreement. In each of these cases, it is necessary to prove your involvement in increasing the value and improving the condition of the property in order to obtain the right to it.

Despite the fact that the legislator gives a clear indication of the legal regime of this category of property, there are some exceptions in which each of the spouses will have the right to part of the property that was transferred by inheritance or even as a gift.

Judicial practice on resolving these issues will help reflect such exceptions:

1. The husband inherited the apartment, and its value was about one and a half million.
   As a result of joint investments made by him and his wife, the value of the property doubled. During a divorce, the wife will have the right to demand part of the apartment, since she took part in its improvement and increase in price, but this fact must be proven, which is what happened in practice.
2. The wife receives a piece of land from her parents as a gift.
   However, throughout their family life, the couple together ennobled, cleaned and looked after it. As a result, during the divorce process, the husband will be able to claim half of the plot for himself, since his contribution was regarded as sufficient to acquire the right to the property.
3. The husband receives an inheritance in the form of valuable items and sells them, the proceeds go to the needs of the family, including the joint efforts of the spouses to buy a dacha.
   Regardless of to whom exactly it will ultimately be registered, this property becomes common. During the divorce, the wife acquired the right to demand half of the dacha, despite the fact that the money was originally received as a result of inheritance.

These are not all practical examples; there are many options when property, initially received as a result of a gift or inheritance, eventually becomes part of the common property.

It must also be remembered that real estate and other property obtained through the methods in question can be recognized as common only in two ways. Firstly, the court decision. Only an authorized body is able to establish the rights of persons to this or that property. Secondly, the agreement. Former spouses, during the divorce process or even before the dissolution of the marriage, can determine what and who will get after the dissolution of the marital relationship.

Thus, the division of property is not always limited to such phenomena as inheritance, donation, and even the acquisition of property before marriage.

General rules preserve the rights of each spouse to property, but there are always exceptions that expand the possibilities depending on specific family situations.

One of the spouses who survives the other may become the successor of the testator by law or by will.

The Civil Code (Articles 1142-1148 of the Civil Code of the Russian Federation) establishes 8 lines of inheritance. The husband or wife, children, parents and grandchildren, by right of representation, are members of the first priority, that is, they have a priority right over other relatives.

According to the law, the inheritance mass is divided between applicants of the same line in equal shares.

Successors of other orders can claim the inheritance only in the absence of representatives of the previous order.

Spouses can inherit property in order of priority only if they have a marriage certificate registered in the registry office. In the event of a divorce, the former spouse is deprived of the right to acquire inheritance by law.

During his lifetime, the testator has the right to draw up a will, according to which all property acquired will be transferred to the persons indicated in it.

If the property was acquired after marriage, then the testator has the right to bequeath only half, that is, the part that belongs exclusively to him, and if everything was acquired before marriage, then all the valuables can be disposed of in their entirety.

Example. As a result of the divorce, the spouses divided their jointly acquired property, and each became the owner of ½ half of the house. After the death of the testator, the second wife became his direct heir, receiving only part of the real estate belonging to her husband.

Section cost

Of course, the division of joint property will require certain material costs, and these costs will differ significantly for different methods of division.

Voluntary separation agreement . The most cost-effective partition option. When drawing up an agreement, the parties will need to pay a notary fee, which, depending on the amount of the agreement, can cost from three hundred rubles (if the price of the property being divided is up to one million rubles) to an amount exceeding 32 thousand rubles (if the value of the property exceeds 10 million rubles).

Division through court . With this option for dividing joint property, costs can become significantly higher. Few ordinary citizens will be able to independently draw up a legally competent statement of claim, so they will have to resort to the services of a lawyer. The cost of such services depends on the region, for example, in Moscow

• an oral consultation with a lawyer will cost from 1,000 rubles;
• for a written consultation you will have to pay from 3,000 rubles;
• drawing up a statement of claim and assistance in collecting documents will cost from five thousand rubles;
• the cost of complete case management will cost 35 – 40 tr.

In addition, the plaintiff will have to pay a state fee, the amount of which depends on the price of the claim. You can calculate the amount of duty using the table.

Table for calculating state fees when filing a claim for division of joint property

So, you are facing a divorce from your wife and division of jointly acquired property. Trying to negotiate should be your first step. This will allow you to maintain normal relations after a divorce, save a lot of money and speed up the separation process.

If a voluntary agreement on separation is impossible and the court remains, then the very first step should be to find a competent lawyer. Yes, this will slightly increase the cost of dividing property, but it will help avoid even greater financial losses in the event of improper management of the case.

How is an apartment purchased with a mortgage before marriage divided during a divorce?

So, the problem that accompanies the division of an apartment is the mortgage. Judicial practice today has not developed a unified approach to making decisions. Therefore, different authorities often adopt opposing decisions. The situation is complicated by the fact that the disputes affect the interests of three parties - the husband, wife and credit institution. In many cases, when distributing responsibilities, the rights of any participant are significantly impaired. For example, in practice there are many cases where a former spouse, deprived of an apartment (or part of it) during division, is forced to repay the loan for quite a long time. Banks also often have problems. For example, credit institutions wishing to sell real estate that is in arrears are faced with the fact that, according to a court decision, it is no longer the sole property of the debtor.

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Accordingly, in the first case, you can draw up an agreement with a notary establishing shares in the common property (apartment); in the second, you can determine the shares through the court, in the manner of litigation. At the same time, children do not participate in the division, since they do not have rights to the jointly acquired property of the spouses.

Terms of division of property of spouses

As a general rule, the statute of limitations in cases regarding the division of property between former spouses is 3 years (clause 7 of Article 38 of the RF IC). However, many do not know from what moment this period begins.

The Plenum of the Supreme Court of the Russian Federation in its Resolution No. 15 of November 5, 1998, in Article 19, indicated that it is necessary to calculate the limitation period not from the very moment of divorce (entry into force of a legal court decision or registration of an entry in the book of dissolution of marriage unions in the registry office) , but from the moment when the person should have become or became aware of the fact of a violation of his right. This provision is also indicated in paragraph 1 of Art. 200 Civil Code of the Russian Federation.

Example: 5 years after the end of the marriage, the husband learned about real estate that was purchased at the time of his cohabitation with his ex-wife, but this building was not indicated in the list of common property.

The spouse, whose rights were not respected, is obliged to prove the fact of evasion from the division of jointly acquired property, but it is sometimes extremely difficult to justify such circumstances.

To restore the missed deadline, the spouse must file a claim for renewal of the missed deadline with the judicial authorities.

Order of succession

To receive a spouse's property as an inheritance, you must contact a notary at the place where the inheritance case was opened.

The deadline for applying is 6 months from the date of the death of the spouse or the entry into force of a court decision declaring him dead.

The notary must provide the following documents:

• passport;
• death certificate of the spouse;
• Marriage certificate;
• will (if any);
• certificate from place of residence;
• inheritance documents;
• confirmation of payment of state duty.

The full list of documents is determined by the notary.

If the valuables were acquired after the wedding, it is necessary to submit an application for the allocation of the marital share, which should be notified to all interested parties.

The result of the action will be the receipt of a certificate of inheritance.

Division of property during divorce if there are children

The property of adult children, namely: an apartment, a car, a summer house or shares, is not subject to division. They must remain the personal property of the child.

If a family that wants to divorce has minor children, then the divorce process occurs only through the court. This action is used to ensure the personal property rights of children.

In the event of a divorce, adult and minor children, at the time of division of the spouses' property acquired jointly during marriage, do not have the right to it, just as parents do not have rights to the children's things purchased for their needs. These include:

• clothes, shoes
• Sports Equipment
• school supplies
• furniture, books
• instruments for music practice
• as well as material deposits issued for children.

The listed items are transferred to the parent with whom the children will remain. Another person does not have the right to count on appropriate monetary compensation, even if it becomes known that the children’s property was sold.

Sometimes the fact that the child needs these things is disputed:

Example 1: A computer that was purchased more than 4 years ago was purchased for general use, and not just to meet the needs of a child. Here the issue is controversial and the court may rule in favor of one side or the other. Because the computer can hardly be attributed exclusively to children's use.

Example 2: A claim is made for a piano. The ex-husband stated that the purpose of this tool is not intended only for children. However, the wife presented evidence that their child is studying piano at a music school and this musical instrument was bought for him. Such a piano will not be subject to division.

If real estate that is the property of a minor child or his place of residence is alienated, then a representative of the guardianship and trusteeship authority must be present at the court hearing. The consent of the authority to allocate the child’s share is mandatory.

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Spousal share in inheritance

Inheritance issues are spelled out in the list of norms of family legislation (Articles 33-38 of the IC of Russia). It is necessary to pay attention to civil laws (we are talking about Articles 1119, 1150, 1118, 1141, 256, 1142, 1149 of the Civil Code of Russia). The matter of inheritance can hardly be called easy. To correctly draw up and receive it, you need to understand notarial legislation. There are regulations of the Supreme Court on these issues (Resolution dated May 29, 2012 No. 9).

If one of the spouses has died, then the heirs of the first group have the right to the property first, if they are alive. The property is divided equally between them.

It happens that several heirs of the first group are absent, then the property is divided among the rest of the remaining ones.

The spouse is also included in the list of heirs; he will have to prove his right to the property. Submit a marriage registration certificate to prove that the deceased person was a life partner and this is officially recorded.

Inheritance of a premarital apartment

It is impossible to avoid opening an inheritance case in the event of the death of a husband or wife who is officially married. The entire amount of property belonging to the deceased is subject to division. A person could have made a will before his death, and events will unfold in accordance with it, or relatives will consider it necessary to challenge it.

The will is drawn up by a notary and the latter must certify it in accordance with the law. In this document, the spouse has the right to establish a list of heirs or one of them. The share of each is also determined.

The inheritance process will develop in full accordance with the rules of the law if there is no will. Parents, children, and the remaining spouse have the first right to inheritance.

After the death of a spouse, the joint share of the life partners is determined from the common property and transferred to the surviving one.

The amount of property remaining after determining what is common with the spouse is distributed between people. But at the same time, an additional share is allocated to the spouse so that it is not less than that of the others. It is possible that the spouse will receive a whole half of the real estate purchased during marriage, and another part of the remaining half of the inheritance.

There is no need to waste time to enter into the right of inheritance. You should write a statement and give it to a notary within six months from the date of death of your life partner. The property of one spouse after the death of the second is considered real estate. It doesn’t matter which of them paid for its acquisition, or for whom the documents were subsequently issued.

If the housing was not privatized or the surviving spouse refused this process during the life of his/her spouse, then a certificate of ownership will not be issued. Housing is not considered common if the partners lived in a civil marriage, but they did not consider it necessary to formalize it. But there are exceptions. When cohabiting persons have registered a share of ownership for everyone who lived in the house.

If life partners left for another world on the same day, then their right to inherit joint housing ends. The opening of each inheritance is carried out separately.

List of heirs

Children can claim inheritance from their parents. They are among the first priority. Their right is paramount. This is in the absence of a will. It is important: the offspring appeared in an official marriage or not. If one has not been concluded, then the child will definitely inherit the housing from the mother when she dies. But as for a man, the fact of paternity must be established in advance, during the lifetime of the parent.

If children were adopted by strangers, then the offspring lose the right to inheritance from their biological parents.

The following can count on a compulsory inheritance share:

• adopted or natural offspring;
• minor children;
• disabled offspring;
• parents who have lost their ability to work or their spouses (disabled people of groups 1-3, women over 55 years old, and men over 60);
• dependents.

Procedure for registration and deadline for accepting inheritance

If we are talking about a privatized apartment, then its inheritance is implemented in order:

• The inheritance case is opened (the day of the spouse’s death). The deadlines provided for the execution are counted from the date of death of the testator.
• The heirs write a statement of their consent to receive the property left by the deceased. The paper, prepared according to the law, is given to a notary whose office is located at the place of residence. This must be done within 6 months from the date of death of the relative.
• Obtaining a certificate of inheritance of housing. The executed document is given by the notary after 6 months from the date of death of the spouse.

The spouse, children, parents, and dependents can carry out a number of actions to prove the fact of acceptance of the inheritance. For example, they live in an apartment, have a residence permit there, where the deceased also stayed, and pay for housing. That is, actions should be aimed at confirming the desire to maintain the property.

If the testator has written a will, then the notary must submit the following documents:

• death certificate;
• a set of certificates from the BTI (the list includes a document that records the cost of housing, a registration certificate for the property);
• a copy of the will signed by a notary, you can also provide the original;
• extract from Rosreestr.

It is necessary to prove the testator's right to the transferred housing using a will. It is necessary to provide documents and paper confirming the absence of debt.

During the process of inheritance, disputes may arise and in order to resolve them, it will be necessary to submit additional documents. The notary will warn you about them. The specialist himself can make a request to provide certificates to the relevant services. The heir will not only receive rights to the property, but he will be charged with the responsibility of maintaining it.

If there are debts to pay for housing, then the heir will have to resolve this monetary issue. All obligations to repay the debt will fall on his shoulders.

After solving material issues, a person can dispose of property at his own discretion. The owner has the right to write a refusal of the inheritance due to him. This option may be appropriate if the number of debts exceeds the property benefits. In some cases, you have to pay a state fee, which does not exceed 1% of the value of the property.

Art. 333.35 of the Tax Code of the Russian Federation defines a list of persons exempt from paying state duty. These include those who lived in the same area as the deceased.

If a person lives in the apartment of the deceased, he is the first priority, then he actually accepted the inheritance. You can start registering your property rights at any time. But it is better to apply within 6 months after death.

In the case where there are several heirs, within six months from the date of opening the case, each of them can refuse the inheritance in favor of the others. After 6 months, this will no longer be possible.

Division of property if the wife did not work

Once upon a time there lived Tatyana and Mikhail.

An ordinary family, 2 children. Mortgage. Pay for another 4 years. Over the past 6 years, Tatyana has not worked a single day.

First one child was born, then the second. Mikhail worked alone. I worked hard from morning to night, the salary was good, we bought an apartment with a mortgage.

A wife on maternity leave is not a job. This is relaxation and doing nothing.

This is precisely the opinion that Mikhail formed. Tatyana finally went to work - to take a break from maternity leave. Mikhail announced a divorce. If you go to work, you can pay the bank yourself.

According to the documents, the owner of the apartment is Mikhail. And he decided this: since his wife and children remain in the apartment, she must continue to repay the loan herself. He paid half, now let his wife pay. My wife didn’t work and didn’t invest a penny.

With such an offer, he remains the sole owner. And then, someday, he will re-register the apartment for the children.

His opinion: since his wife has not invested a penny yet, then the apartment is completely his.

Tatyana’s horror: I’m ready to repay the loan myself, but where is the guarantee that he won’t cheat in the future?

The most interesting thing: each of them does not know their rights.

Whose apartment, if only the husband had income? Were his personal funds invested?

What rights does the wife have to the apartment? After all, she had no income.

Is Mikhail right: since his wife didn’t work, then the apartment is all his?

What will happen if Tatyana pays off the loan herself?

The rights of spouses to an apartment in such a situation are equal.

My husband bought an apartment, but he was married. The salary of one spouse is the family income, not his personal funds. And it doesn’t matter who worked and who ran the house, looked after children, or didn’t work because they were disabled.

Division of property, if the wife did not work, according to the general rules - in half (Article 34 of the Family Code)

Mikhail is wrong: despite the fact that according to the documents he is the owner of the apartment, Tatyana has the right to ½ part of everything.

There are 3 important facts here:

— the apartment was purchased during marriage;

- not given as a gift, not received as an inheritance, i.e. acquired through a compensated transaction;

- personal funds of the spouse were not invested, for example, received as a gift from the mother, or by inheritance, or from the sale of personal real estate, a car.

The spouse's salary, pensions, benefits, and other income received during marriage are not personal funds.

It does not matter which spouse the apartment is registered to, unless, of course, there is a prenuptial agreement. Whatever the spouses write in the contract, so it will be. But in this situation there is no prenuptial agreement.

The court can deviate from equality of shares only if the spouse did not work, did not receive income for unjustified reasons (did not want to, was a drunkard, drug addict) or spent family money to the detriment of the family (gambling, for example) (Article 39 of the Family Code) .

After the termination of the marriage relationship, the one who paid the debt has the right to demand half compensation from the second ex-spouse.

For example, Tatyana will be able to demand reimbursement of half the amount of the loan she paid if she pays herself after the end of their life together.

If their life together continues and the spouses do not divorce, then neither the husband nor the wife will be able to receive reimbursement for expenses from the other spouse.

Can a non-working wife count on alimony after a divorce?

If a woman needs additional financial support after a divorce, then whether she worked during marriage or was completely financially dependent on her husband does not matter. According to family law, if there are grounds for this, the husband must pay alimony to his ex-wife.

Grounds for collecting alimony from an ex-husband for his wife:

• a woman is pregnant by her ex-husband;
• the wife is raising a child under three years of age;
• the wife is raising a disabled child and simply cannot work;
• the woman is disabled.

There are nuances here. According to the law, a woman will be able to count on alimony for disability only when she has been married to her ex-husband for more than five calendar years. The court has the right to refuse a woman’s claim for alimony if it is proven that her inability to work is the cause of her immoral acts (as a result of alcohol or drug abuse).

Payment of alimony for the maintenance of the ex-wife stops when the grounds for it disappear.

Inheritance of property acquired before marriage

The division of inherited property can be carried out by will or by law. Experts pay special attention to acquiring rights for spouses. They come first in line of inheritance. However, controversial situations also arise. They may appear if there is a will.

Questions arise about the inheritance of property acquired before marriage after the death of a spouse. In order not to encounter difficulties and avoid legal mistakes, it is important to know the specifics of the procedure. The citizen is obliged to comply with the established legal regulations.

We will talk further about how the procedure is carried out, about inheritance in a civil marriage, as well as a number of additional features.

Inheritance and right to property

If a spouse owned real estate before the relationship was formalized, received it as a gift, or inherited it, the property will not be included in joint property.

Article 1142 of the Civil Code of the Russian Federation states that all members of the family of the deceased can receive such property. The list includes spouses, parents and children. This feature fundamentally distinguishes the situation from joint mastery.

In this case, 50% of the marital property is allocated to the husband or wife.

The other part of the testator's property is divided among family members in equal proportions. If a citizen’s personal property is inherited, which is not related to the marital property, the division is not made.

The testator must have a state certificate of ownership. It confirms the fact of ownership of the property. In the event of the death of the testator, the spouse will not be able to count on the allocation of half of the property.

The object is distributed among relatives in equal shares. Children from all marriages are included in inheritance.

The testator has the right to independently dispose of the property. To do this you will need to make a will.

If an apartment is registered as joint ownership during marriage, the division will be made when opening an inheritance case. 50% will go to the husband or wife of the deceased. Part 2 will be divided between relatives.

When making a will, the testator must remember the rights of compulsory heirs. The category includes disabled dependents and minor family members of spouses. Moreover, persons included in the first category may not be relatives of the citizen.

To obtain rights, they must live with the testator for more than 1 year and be supported by him.

If a relative acts as a dependent, the need to fulfill the last condition disappears.

If the property has been expanded, transformed or changed, the inheritance procedure becomes more difficult.

An example of this is a situation where a person had a house before marriage, and after the formalization of the relationship, the woman and man invested joint funds in its improvement.

When understanding how property acquired before marriage is divided after the death of one of the spouses, it is important to take into account the presence of a will. As a general rule, the husband or wife will inherit on equal terms with other first-degree relatives. If a person wants to claim half of the property, proof that there is a right of co-ownership is required.

The basis may be the investment of significant funds during the marriage in property that does not belong to the spouse. Such conflicts are resolved in court. The decision obtained during the proceedings is the only basis for notarized approval of such a right.

Spouses who ran a joint household and lived together have a priority right to inheritance. If there is an agreement between interested citizens, the person who will use the premises can provide compensation to the other parties to the transaction.

If the spouses’ marriage was not officially registered

If the persons have not registered the relationship, the spouse does not have inheritance rights to the housing of the husband or wife. Property can only be acquired through a will.

In the absence of an officially registered marriage, but the person has a disability and has lived together for more than 1 year, grounds for claiming rights arise.

Such a basis is the only legal reason for recognizing a common-law spouse as an heir and for the emergence of corresponding rights.

Having found out how property acquired before marriage is inherited, a person should study other features of the process relating to spouses. You will need to pay a state fee. It varies depending on the status of the citizen.

Thus, family members are required to provide payment in the amount of 0.3% of the purchase price. For other citizens the value rises to 0.6 percent.

If a spouse inherits an apartment in a civil marriage, and there is no official confirmation of the relationship, the citizen will have to pay the maximum state duty.

Source: https://YurPortal.info/nasledstvo/nasledovanie-imushhestva-priobretennogo-do-braka/

Tips: how to properly divide property

If the spouses decide to get a divorce, then it is necessary to take into account several rules that will help them get through the divorce process faster.

• To avoid unnecessary expenses, it is best to correctly draw up an agreement on the division of property and not go to the courts at all. This document should contain all necessary information. But notarization is sometimes quite an expensive process.
• If the case comes to court consideration, then do not forget to file a claim for the division of property and documents for the deduction of alimony (for the spouse with whom minor children remain living). The presence of minor children is also a basis for increasing the share of joint property.
• After the divorce process is completed, save all documents related to the marriage, as they may be needed in the future. (If the spouse finds out about the undivided property and wants to claim it).

An apartment with a mortgage and how it is divided during a divorce

Here the real estate will be classified as jointly acquired property. Even if the spouse took care of the house and raised children, and the mortgage was repaid from the spouse’s earnings, then such property still belongs to jointly acquired property. When dividing in court, you must prove this fact: with testimony, support the case with checks, receipts, extracts. Less rarely, but sometimes it is possible to prove full property ownership of a mortgaged home purchased before marriage and paid during marriage by presenting significant facts that the second spouse did not work without good reason and was completely supported by the husband or wife.

The presence of joint minor children when dividing an apartment with a mortgage during a divorce obliges to protect the property interests of the children. The law provides that in this case, equal shares are allocated not only to the spouses, but also a share for each minor child, which further complicates the process of dividing property, since in kind it is simply not possible to divide a one-room or even a two-room apartment into shares.

07 Jun 2020 etolaw 281

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