What to do if you do not get along?Divorce?And if you have nowhere to live anymore?These questions concern of many Russians, as the question of the division of property is very delicate.Many people know that everything should be divided in half.But is it all just turns out in reality?Let's see how the flat section in the divorce.
According to the law, as it is known, the joint property and, of course, the apartment is divided equally between husband and wife.But it is impossible, for example, cut it in half a country house or urban housing.
as the court determines the proportion of husband and wife?
Because after divorce people seek help from the legislature, as a rule, can not agree on their own, the court sets a level playing field by establishing how it will be a section of property in a divorce.
1. The Court shall determine the rights of family members to a specific room in the disputed apartment.Each is assigned the right to use and dispose of a certain part of the joint property.
2. The law establishes the procedure for payments to one of the spouses, if the proportion was less than half of the total cost of housing.In this case, the owner of the cash compensation of the shortfall.
3. Decides options division of property "in kind" or in other ways.
How is the division of property in a divorce?
apartment after a failed marriage may be divided between the spouses in the following ways.
1. Peace option.It is a mutual agreement on the exchange of the shared home for two others.
2. Section of the money received from the sale of apartments.This option is also organized by the court.
3. Section apartments in a divorce "in kind."Apartment, marital divided, like the rest of the property.The court determines the amount of husband and wife, as a rule, they are assigned an absolutely equal.The cost of housing is assigned to the market price.It may be assigned and additional appraisal expertise.
What if the apartment has not yet been completed?
It also happens that the husband and wife started the construction of an apartment or villa, and have decided to divorce.This object will be shared, to the extent that it is ready.
1. The Court shall have the right to allocate an equal share of the future home of each of the spouses on the basis of the technical characteristics of the housing.For example, to allocate a specific room based on the possibility to bring the construction to completion.
2. Divide the building material and the individual design of the building work in progress if the joint construction is unrealistic.
How is the apartment section in the divorce, if there is a child?
widely believed that all things are divided not only between husband and wife, but also between children.In fact, the law regulates only the rights of spouses, as children do not have to do with buying a home.Exceptions may be made in favor of one spouse, if he brings up the child, such as the disabled in health.It will have to prove in court.
So, if the apartment section in the divorce came to court, then the couple relationship strained to the limit.In such a situation possible dishonest actions of a party, so it is advisable before making a decision to impose an administrative house arrest.
