Division of an apartment during a divorce if there are children

The procedure for dividing property

If property was acquired during marriage, then the couple has equal rights to all benefits. It is worth noting that the situation cannot be affected by the fact that the valuables are registered in the name of one of the spouses. The only exception to this rule is the issue of privatized housing.

In addition, property acquired jointly can be divided at the discretion of the parties. If one of the spouses wants to give away any object from the general list that is subject to division, then he will be able to do this without legal consequences.

Important! The joint property of persons in a registered relationship who decide to divorce is divided equally, regardless of their personal income or whether they work at all.

When resolving the issue in court, the size of the shares of the plaintiff and defendant may be adjusted. This decision is made in families with minor children remaining in the care of one of the parents. Sometimes the court takes the side of the spouse if the latter proves that the joint property was used by the spouse not in the interests of the family or he did not work anywhere, being a dependent without a good reason.

Methods for dividing a mortgaged apartment

You can determine the fate of your home peacefully by giving up your share and receiving compensation for it, or in court (if the spouses make claims against each other or the bank opposes the division of the mortgaged apartments).

There are several ways to divide:

• allocating the share of each spouse and determining their value (the cost of the loan and the amount that each spouse will contribute monthly are determined accordingly);
• transfer of housing into the ownership of the husband or wife (in this case, part of the funds already paid for the mortgage is compensated for those of the spouses who retain the property);
• selling the apartment, repaying the remaining part of the loan and dividing the proceeds equally or in accordance with shares.

Banks are extremely reluctant to allow the sale of mortgaged housing.

Is it possible to divide an apartment after a divorce?

The possibility of dividing an apartment upon divorce depends on the circumstances of its acquisition. Only property that is in common joint ownership can be divided, that is, that which was acquired during the marriage using the common funds of the spouses.

It does not matter whose ownership the purchased apartment is registered in. If it was purchased during marriage with common money, it can be divided between the spouses, regardless of the formal owner.

What funds will be considered common?

Any income of a husband or wife is considered joint, with the exception of:

• premarital income or savings;
• payments with a special purpose (for example, payments to liquidators of the consequences of the disaster at the Chernobyl nuclear power plant, housing certificate for military personnel, maternity capital, etc.);
• funds received as a gift, inheritance or other gratuitous transactions.

Accordingly, if the apartment was purchased during marriage with money received from employment, entrepreneurship, activities in the field of copyright and patent law, non-targeted pensions and benefits, it can be divided between the former spouses.

The fact that both spouses worked in the family or one does not play any role - housekeeping and caring for children are equal in importance to work and give the spouse who actually did not work the right to a share in the common property.

Will the apartment be divided during a divorce if the wife is the owner?

In principle, the process of dividing property has a lot of features. There is legislation that clearly defines the distribution process itself, that is, the process of dividing property. Let's determine how property is divided. We will also find out whether the second spouse can lay claim to the property that is owned by his wife.

1. The division includes all property acquired during marriage;
2. The section includes not only movable, but also immovable property;
3. Spouses have the right to an equal division of property that is in common ownership;
4. Spouses have an equal right to property if it was acquired during marriage, but is registered exclusively in the name of one spouse.

That is, in other words, if the apartment is registered in the name of your wife, you can qualify for half of this property. But, there are certain conditions:

1. The division does not include property that was acquired during marriage;
2. The division does not include property that was registered in the name of the spouse under a deed of gift.

Let's look at everything with an example. If the wife had an apartment before marriage, which she purchased with personal funds, after which she signs with the man and registers him in her apartment, in which they live, then the husband cannot lay claim to this property. That is, when dividing property, the entire apartment goes to the wife. However, there are also exceptions if the apartment was acquired in a common marriage, but the wife will be able to prove that you did not allocate any funds for the purchase and maintenance of the property. For example, an apartment is purchased during marriage and is registered in the name of the wife. During the divorce process, the husband asserts his claims to the property. The wife provides documents stating that all funds spent on real estate are her own. For example, it can be proven that the husband was not working for a very significant amount of time and, in principle, was dependent on the woman; in this case, with the normal defense of a lawyer, the apartment will not be divided.

Are children taken into account when dividing an apartment?

The presence of children is a circumstance that is always taken into account when dividing an apartment. However, this does not mean that the share in the common property of a spouse living even with two children will be automatically increased.

The law, namely Part 2 of Art. 39 of the RF IC, gives the court such a right, but does not impose a corresponding obligation. Children are not a direct guarantee that the court will side with one parent and divide the property the way he wants.

Many factors influence a judge's decision:

• the spouses have other housing;
• the earnings of each parent;
• the ratio of the parent’s income to the costs of maintaining children;
• health status of spouses and children;
• participation of both spouses in the upbringing and maintenance of children;
• contribution of the spouse’s personal funds to the renovation of the apartment.

However, the legality of increasing the share in ownership of an apartment in the presence of a child has been repeatedly confirmed by higher courts.

The presence of children is also taken into account if spouses share an apartment independently.

In particular, they must take into account the following mandatory provisions of law:

• divorce does not entail the child’s loss of the right to use and live in residential premises;
• as a result of the division, the living conditions of minor children should not worsen (which is especially important when selling an apartment or exchanging it).

How to influence the size of apartment shares if you have children?

If there are grounds (in the opinion of the plaintiff or defendant) for increasing the share in the common property due to the presence of minor children, this must be reflected in the statement of claim. Or a counterclaim if the defendant insists on increasing the share. However, just having children is not enough.

As an example of arguments that may have serious significance for the case, the following evidence and circumstances can be cited:

1. Non-participation of the second spouse in the maintenance of children, which is confirmed by a certificate of alimony arrears.
2. Refusal of the spouse to participate in raising the child (established by the guardianship and trusteeship authorities).
3. The difficult financial situation of the parent with whom the children live (confirmed by a certificate of income).
4. The child has illnesses or disabilities.
5. The presence of an objective opportunity for the spouse to devote maximum time and attention to the child (for example, a free work schedule).

If there are no problems with proving one or more situations from the list above, then the court with a high degree of probability may decide to increase the share in the common property of the spouses.

It is not allowed to deprive the second spouse of a share in property solely on the basis of having joint children and leaving them with the other spouse. This is possible if the second spouse spent family funds without receiving his own income, led an immoral lifestyle and created conditions that threatened the normal development of the family.

When is the wife the owner of the property?

So, as a general rule, property is considered common if it was acquired during marriage. But this does not mean that a husband and wife cannot have personal property.

Article 36 of the RF IC determines what property is the wife’s personal property:

• Everything that was acquired by the wife before marriage;
• Everything that was received as a gift, even during marriage;
• Everything that was inherited by will or by law, even during marriage;
• Personal items (for example, clothes and shoes, books, work tools) acquired during marriage. This category does not include jewelry and other luxury items (for example, valuable collections, furs, antiques);
• The result of the author's intellectual activity.

This property is not subject to division between spouses, but remains with the wife as property.

Children's rights when dividing property

Is property divided among children during a divorce? As mentioned earlier, children who are owners retain the right to use a share of the apartment for themselves.

If it is necessary to evict a child in order to sell an apartment, this can only be done with the involvement of specialists from the guardianship and trusteeship authorities. The same condition applies if he renounces his rights during privatization.

If the child does not live in the apartment, he can be discharged by court decision with the provision of premises that, in terms of living conditions, are not inferior to the previous one.

Are children involved in the division of property? The only restrictions that the law imposes on jointly acquired property concern things and goods acquired to meet the needs of minors.

These include:

1. Clothes, shoes.
2. Sports equipment.
3. School supplies.
4. Children's library.
5. Musical instruments, etc.

These goods are not subject to division in a divorce.

What do young children get other than this? This is money placed on their deposits.

Jointly acquired property, including the rules for its division, are specified in Articles 38, 39 of the RF IC and Article 254 of the RF Civil Code.

Video: How are the interests of children taken into account when dividing marital property?

Similar articles:

• How to draw up an agreement about children during a divorce?
• How to properly file a divorce?
• How to get a divorce if you have a child under 1 year old?
• How to divorce your husband without his consent?
• Is there a statute of limitations for the division of property after divorce?

• Previous entry How to correctly write the reason for divorce in an application?
• Next entry How to apply for divorce to the registry office or court without the presence of your husband

Comments on the article “Are children involved in the division of property during a divorce?”

Nobody has written anything yet. Be the first!

How is property divided during a divorce if the wife is the owner?

It makes no difference to whom the property purchased during marriage with joint funds was registered; it will still be considered joint. But this rule applies if the property was acquired and not inherited or donated. In this case, the possible options are:

1. The property was gifted to his wife. The husband believes that the gift was for the family, and not separately for the wife. In this case, if he proves that the property was donated not to the wife personally, but to the two of them, then it is divided equally. Evidence of one or another type of donation can be testimony or a deed of gift.
2. The wife inherited some property. She is the rightful owner and should not share it with anyone.
3. The property was purchased during the marital relationship, but with the wife’s personal funds. Such property is not divided, but she must prove that her money was used for the purchase; statements from bank accounts opened before marriage, and a purchase and sale agreement for her personal property can help with this.

Be sure to read it! Supervisory proceedings: concept and procedure for initiation

Property division rules

There are often cases when a husband and wife painstakingly collect funds in order to purchase such a desired apartment. During the registration process, in order to eliminate unnecessary bureaucracy and expense of funds, the apartment is registered in the name of the wife. In this case, the real estate is still considered common property, since the funds that were spent on its acquisition were collected jointly. In this case, the husband has every right to receive half of the apartment. Sometimes, protecting your rights in the matter of division of property on your own is simply unrealistic. It is for this reason that you need to immediately turn your attention to the possibility of cooperation with an experienced lawyer who will quickly be able to determine all aspects of your defense, help you quickly collect all the necessary evidence and documents, and will guard your interests and legal rights. That is, if you are not confident that you will be able to protect your property rights on your own, then it is best to obtain legal representation in court.

Forms of division of property

When determining shares, a couple can use one of the following algorithms for dividing material goods:

1. Half-and-half is the most common method chosen by the courts under the legal regime of ownership. Very rarely, the court has the right to determine different shares of property, which depends on the health and financial situation of the participants.
2. Compensation. Not all objects can be divided. The category of indivisible objects, which includes a one-room apartment, is separately defined. In this case, the property can be transferred in full to one partner with the payment to the other party of monetary compensation equal to the cost of ½ of the housing.
3. Sale. When the conflict cannot be resolved, the parties have the right to sell the disputed object and divide the proceeds in half. Profit is joint property. To avoid conflicts, it is better to transfer money to a card, which will confirm the amount of benefit received.
4. Giving valuables to a joint child. Parents do not claim ownership of their children's property and vice versa. Therefore, the couple can draw up a gift deed in the name of the child. The property is re-registered in the name of the child; parents will be able to dispose of it only with the written permission of the guardianship and trusteeship authorities. Given the divorce, the property goes into the use of the parent, with whom the children remain - the owners of the benefits.
5. Settlement. The division of values ​​in different shares is relevant when using a marriage contract and a settlement agreement for the division of property. The main thing is to establish fair and honest terms, otherwise the agreement may be invalidated. For example, a husband needs a car, and a wife needs a fur coat and jewelry. If the values ​​of the objects are approximately equal, then the spouses may decide not to receive shares in each property, but to transfer to each the property they need.

Do children participate in the division of property?

So, we have decided that in the event of a divorce and division of living space, a minor who does not have a share does not participate in the division. If, on the contrary, he has a share or is the sole owner of the property, then neither his share nor the entire apartment can be divided between the parents.

Thus, the minor’s share is added to the part of the mother or father with whom the child remains, and the part remaining after such a mathematical operation goes to the second spouse.

Naturally, the division of housing in this case becomes much more difficult. Since it will be very difficult for parents to sell an apartment that is fully or partially owned by a minor, the division of real estate through its sale and subsequent division of funds becomes almost impossible.

For example, spouses have a two-room apartment, the owners of which are they and their minor child in equal shares, one third each. The total living area is 60 sq. m. meters, thus, each of the co-owners owns shares of 20 square meters. meters. When selling real estate and dividing the money, the parent staying with the child is unlikely to be able to buy a living space of 40 square meters with the money allocated to him and the child. meters, as required by law, and the guardianship authorities will not allow reducing the area of ​​the child’s share.

It will also be difficult to divide the apartment, transferring it to the spouse and children with payment of monetary compensation to another, since the parent remaining with the minors is a priori placed in a more difficult financial situation.

In cases where a minor is the sole owner of a residential premises, it is not subject to division between spouses, but the right of use remains with the parents.

Is the apartment divided among children during a divorce?

The presence of minor children in a family is always taken into account directly or indirectly when dividing living quarters. But this does not mean at all that the parent with whom the children remain a priori receives a larger share of the apartment during division. The court has the right, but not the obligation, to take minors into account when making a decision; this can be influenced by many other factors, namely:

• do the spouses have other, alternative housing;
• which of the former spouses earns and how much;
• the health status of all family members;
• how parents' incomes relate to the costs of the child;
• which spouse and how is involved in raising children;
• everyone’s personal contribution to the purchase and maintenance of residential premises.

So, increasing the share of the parent with whom the baby remains is possible, although not necessary. But can a minor himself claim a share in his parents’ property? No, he cannot, if this share did not belong to him before the division began.

The legislation clearly defines that children do not have the right to the property of their parents in the event of a divorce or division of any property, including residential premises.

But this does not mean that children have no right to housing at all. legislation determines that:

• a child cannot be removed from registration without written permission from the guardianship authorities;
• the divorce of parents and the division of real estate cannot affect the right of a minor to use shared residential premises and the right to live in this housing;
• If, after the planned division of joint housing, the child’s living conditions worsen, then the guardianship authorities are unlikely to allow such a division option.

How does the division of an apartment take place?

The division of the apartment can occur by concluding an appropriate agreement or through the court. The first option is less expensive and simpler, but the second - judicial - is inevitable in the presence of conflicts.

Marriage contract

A prenuptial agreement is a voluntary document that can be concluded by the bride or groom, husband and wife. In this document, the parties regulate property relations - establish the ownership regime (separate, joint), the conditions for making purchases, the procedure for dividing family acquisitions in the event of a divorce. The property estate may include not only common marital property, but also personal property of one of the spouses.

For example, according to a marriage contract, an apartment purchased by future spouses on the eve of marriage and registered in the name of the wife is recognized as common and is subject to division upon divorce. Although, in the absence of a marriage contract, it would be considered that the apartment belongs only to the wife. Or, for example, according to the terms of the marriage contract, all marital property is recognized as common, with the exception of the dacha, which in the event of divorce under any circumstances becomes the personal property of the wife.

The main feature of a marriage contract is the voluntary nature of its conclusion. The parties to the contract must reach full agreement. No one can be forced to sign a contract with the terms of which he does not agree. In addition, the prenuptial agreement should not place one of the spouses at a significant disadvantage compared to the other spouse.

Agreement

If you want to come to an amicable agreement and draw up an agreement on the division of property, the procedure is as follows:

1. Preparation of title documents for property objects.
2. Drawing up and approval of a draft agreement.
3. Certification of the agreement by a notary.

Important! By agreement, spouses can divide both common and private living space. The main thing is that the decision is made voluntarily, without coercion.

In the agreement, the parties can determine a variety of options for dividing the apartment:

• division in equal or unequal shares;
• transfer of an object to one of the spouses with or without payment of monetary or property compensation;
• transfer of an apartment to one of the spouses while the other retains the right to reside in it.

Important! A separation agreement requires a special form - a simple written document will not be enough. A prerequisite is to contact a notary. This increases the cost of the partition.

Division through court

If each spouse has his own point of view on the legal fate of the apartment and it is not possible to reach an agreement on the voluntary division of property, only the court will help resolve the conflict.

A statement of claim for the division of an apartment, taking into account its value, is filed exclusively with the district court at the location of the real estate.

For a sample claim for division of an apartment and the specifics of its preparation and filing, see the article at the link.

If there are several real estate objects subject to division, the claim must be filed in court at the location of the most expensive of them or the largest part of the real estate.

The procedure for judicial division is as follows:

1. Collecting a package of documents for the court - there must be documents confirming the circumstances specified in the claim: copies of marriage and divorce certificates, documents for the apartment, an appraiser’s opinion on its value.
2. Drawing up a statement of claim for division of property - the claim may concern all the property of the spouses or only the apartment; this is decided only by the parties to the case.
3. Government payment a fee, the amount of which depends on the price of the claim, calculated based on the cadastral or market value of the apartment.
4. Filing a claim in the district court at the location of the apartment - you can file it on purpose, submitting documents in person to the court, or by mail.
5. Participation in a court hearing.
6. Receive a court decision.
7. If the decision does not suit the plaintiff, an appeal is made to a higher court.
8. After passing through all the authorities and the judicial act entering into force, obtaining a writ of execution.
9. Contacting the bailiff service to initiate enforcement proceedings (if the defendant fails to comply with the decision).

When calculating the state duty, the cost of the claim is not considered the cost of the entire apartment as a whole, but only the cost of the share in the housing claimed by the plaintiff. So, if the cost of the apartment is determined to be 2 million rubles, the plaintiff insists on recognizing his right to ½ of the apartment, then the value of the claim used to calculate the duty will be considered the amount of 1 million rubles.

Be sure to read it! Documents for organizing burial, funeral, cremation

Peculiarities of dividing a privatized apartment if its owner is the wife

Privatization is the process of obtaining ownership of state or municipal housing. If the apartment has not been privatized, then a divorce will not lead to its division between the spouses. Regulatory regulation of such real estate is carried out through civil legislation.

According to the law, a privatized apartment cannot be considered jointly acquired property, even if it was acquired by a couple during marriage.

The purchase of state (municipal) housing by one of the spouses under a privatization agreement entails its transfer to the use and disposal of the person in whose name the object is registered. Thus, if the wife made the purchase and the husband is registered, the apartment will still remain at her complete disposal even in the event of a divorce.

At the same time, if the wife owns privatized real estate and the husband is not registered in the apartment, then the wife will not be able to write him out even in the event of separation. The only thing the wife has the right to do is try to get her partner’s consent to voluntarily refuse to use the housing. It is worth noting that even the court will not be able to deregister the second spouse, because in accordance with the law, a person has the right to lifelong residence in a privatized apartment.

When can an apartment be divided?

To begin with, not every home will be subject to division during a divorce. The fact is that, according to the law, only jointly acquired property is divided between spouses. Therefore, if someone claims half of the housing in which the former family shared joys and sorrows, they must still prove their right to it.

Judicial practice knows many examples when claims for division of an apartment during a divorce were not satisfied, because the defendant was able to prove that the disputed property legally belongs only to him. Such examples include the following cases:

1. The apartment was purchased by one of the spouses before marriage, and the second spouse was only registered on it, he was not allocated a share. At the same time, no redevelopment or major repairs should be made in the apartment during the stay. Otherwise, the second party can claim half of the repairs, since they were made with common money and are considered joint property. It is clear that it is physically impossible to pay half of the repairs, so the spouse who retains the apartment pays the other party half the cost of repairs or redevelopment.
2. The property was received by the spouse as a gift or by inheritance. This fact is confirmed by relevant documents: deed of gift or will. Moreover, if a residential property, for example, was purchased with donated money, it is necessary to additionally confirm that this particular money was spent on the purchase of real estate. If at least 1 ruble from the total budget was spent on the purchase of housing, then you will have to divide the apartment in half during the divorce.
3. The second spouse wrote a waiver of the share or donated his share to the spouse or children. In this case, the judge usually refuses the division, based on the fact that the spouse has already abandoned the property.
4. If any clause of the marriage contract was violated or the condition of the divorce was the alienation of real estate in favor of one party.

In all other cases, if they are not completely exotic, usually apartments, plots, residential buildings and other real estate are divided in a 50/50 ratio.

Features of the section of a non-privatized apartment

As already noted, divorce is not a basis for starting the process of dividing non-privatized real estate. The fact is that as of 2020, such objects are neither joint nor personal property of spouses. They are only entitled to the right to use housing, as evidenced by Art. 69 Housing Code of the Russian Federation.

Thus, having formalized the severance of the relationship, the couple can continue to live together. However, there are ways that will still allow you to divide the object between the parties:

• privatization. If the apartment needs to be divided in accordance with the law, then it should be privatized by both spouses;
• sell housing. In this case, you will have to divide the money received from the transaction.

Marriage contract

If a prenuptial agreement was concluded with a mortgage before purchasing an apartment, in the event of a divorce they act in accordance with its provisions. So, if they provide for equal division of the property of the former spouses, then they divide everything, even the apartment. If the conditions are different, there is a chance that the mortgage will have to be repaid in the future by the husband or wife, whose sole property will be the housing.

Ultimately, the issue of dividing an apartment in a mortgage under a marriage contract is still decided by the court.

If the apartment was purchased with maternity capital

Federal Law No. 256 determines that maternity capital, in particular, can be spent on improving the family’s living conditions. And the same Law establishes that if real estate is purchased with this money allocated by the state, then it is divided in equal shares among all family members. This means that if the capital was given out after the birth of the second child, then during the divorce the apartment should be divided into 4 equal parts.

In this case, it does not matter what other funds and in what quantity were invested in the purchase.

If the acquisition of real estate took place with the participation of only a certain amount of maternity capital, then such property is divided in equal shares among all family members.

This rule cannot be changed either by the terms of the marriage contract or by the clauses of the property division agreement.

If the child is registered in the apartment

Permanent registration at the place of residence does not give ownership rights, but only fixes the right to reside in a specified territory. Therefore, the presence of registration cannot in any way affect the division of the apartment in 2020. The parent with whom the child remained after the divorce will probably be allocated a larger share in the property. But not because of registration, but because of the presence of a minor child. Registered children have the right, even after a divorce, to live in the apartment where they are registered until at least 18 years of age.

Is it possible to sue property if the wife is the owner?

The division of property does not always follow the general rules. Family law provides for exceptions, so in a number of cases the court, for example, deviates from the principle of equal shares in joint marital property, or allocates a share to one of the spouses in the personal property of the other spouse.

Let's consider what circumstances may turn out to be significant in a trial and have a decisive influence on the court decision.

So, here's the situation.

The owner of the apartment (or any other property) is only the wife, but during family life a lot of money and labor resources were invested in the housing by the husband, as a result of which the apartment became significantly more expensive compared to the original cost, the court may recognize the right to a share - Married. If this share is small, the court may oblige the wife to pay monetary compensation in proportion to the efforts and resources invested.

Of course, the fact of a significant increase in the value of property as a result of invested money and labor resources must be proven in court. As evidence, you can attach an appraisal report, photographs, witness statements, contracts with repair teams, receipts for the purchase of construction and finishing materials, bank statements.

Another situation.

The wife was the owner of the apartment, received by inheritance. The couple decided to improve their living conditions and buy a house. For this purpose, they sold the apartment and built a country house with the proceeds. The new property is no longer the property of the wife, but joint marital property. It will not be easy to prove that the house was built with funds raised from the sale of personal real estate; for this, you will need to provide evidence to the court - an apartment purchase and sale agreement, a land purchase and sale agreement, receipts for the purchase of construction and finishing materials, construction contracts, witness testimony .

Special cases

Inherited property is not subject to division between spouses upon divorce. However, if the heir’s partner makes significant expenses to improve living conditions in the designated housing, for example, expensive repairs, he has the right to return this amount. To do this, you will need to keep all checks and receipts to prove your right to return in court.

Another example when non-joint property can remain with both parties with children is the gift of an apartment to one of the spouses. The fact is that, in accordance with Art. 31 of the Housing Code, a person who has custody of a minor after a divorce may live with him in the apartment of his former spouse. It will not be possible to evict a partner with a child for the following reasons:

• the person guarding the child does not have his own home and was unable to find it after the official termination of the relationship;
• the other half does not have the opportunity to move to another place after the divorce;
• the ex-partner is in a difficult life situation due to a difficult financial situation.

Important! In some cases, by court order, the owner of an apartment received as a gift must provide his former partner and child with a separate room for their joint residence.

Is it possible to divide an apartment taken on a mortgage during a divorce?

A mortgage, like any type of property, is subject to division during a divorce. But since we are not talking about ordinary property, financial difficulties often arise due to the fact that divorce does not always coincide with the end of mortgage lending, which means that the lending organization (bank) must continue to receive payments under the agreement. Former spouses will have to negotiate among themselves and with the bank.

Without permission from the bank or the second owner of the apartment (house), it is prohibited:

• sell;
• present;
• change;
• mortgage with another credit institution.

Divorced spouses who have divided all other property and established the right of custody of children still remain co-owners of the apartment. The only way out is to go to court and demand the allocation of shares in the mortgage for each person or the division of the mortgage payment amount, but in the latter case you will still have to decide what to do with the housing and who will live in it until the end of the loan term. Dividing an apartment with a mortgage during a divorce is a complex procedure.

Arbitrage practice

The division of property can be made both during the marriage and at any time after its termination. Often ex-spouses forget about the division for a long time, remembering it only when the question of deregistration arises. Is it possible to divide property after 10, 15, 20 years?

The statute of limitations for this category of cases is 3 years, but it begins not at the moment of termination of the marriage, but when the spouse learned of a violation of his right to a share in the apartment.

For example:

• from the moment of receiving a refusal to voluntarily divide joint property;
• from the moment the claim is filed in court.

Example . On 02/06/2018, the Tuymazinsky Interdistrict Court of the Republic of Bashkortostan considered a case regarding the division of an apartment acquired during marriage, but registered in the name of a spouse and sold by the ex-wife during the trial. The plaintiff asked the court to remove her ex-husband from the registration register, who has not lived in the disputed apartment for many years. The ex-husband disputed the purchase and sale transaction and asked to divide the property in half. The transaction for the sale of housing was declared invalid, the apartment was recognized as joint property.

In the appeal ruling of the Judicial Collegium for Civil Cases of the Supreme Court of the Republic of Belarus against the decision of the Tuymazinsky Interdistrict Court, it was stated that the period for going to court began to run at the time of filing a claim for deregistration, and not at the time of divorce.