Division of a one-room apartment during a divorce: procedure, procedure, documents

Often, during family life, citizens make large acquisitions, including buying various real estate (land, houses, apartments). However, when it is necessary to end a marital union, the parties often resort to division.

If, during a marriage, citizens managed to acquire several real estate properties, then it is much easier to divide them than if they purchased one apartment - especially when the spouses have no other housing.

This article will discuss the division of a one-room apartment during a divorce.

The procedure for dividing property

In accordance with the family legislation of the Russian Federation (namely, Article 38 of the RF IC), spouses can divide property both during the marriage, upon its dissolution, or after. In this case, the division can be carried out both voluntarily and compulsorily.

Voluntary division of property

If the spouses managed to reach an agreement, they can carry out the division of jointly acquired property (including an apartment) on a voluntary basis. But where to start with voluntary separation?

In order to divide a 1-room apartment on a voluntary basis, the parties need to agree on exactly how it will happen. In this case, there are several options.

Section options

If it is necessary to divide the apartment, spouses can use one of the options proposed below:

Providing monetary compensation.

When choosing this option, one of the parties keeps the apartment for themselves, and in return pays the other half the cost (or another amount by agreement).

If neither spouse has the opportunity to buy the second part of the apartment, then citizens can resort to selling the real estate, and then dividing the amount received.

Replacing a share with another object.

If none of the above options are suitable, you can use another method, which consists of providing other property (for example, a vehicle, a plot of land) in exchange for a share in the apartment. However, when the parties have no other property besides the apartment, this option is not suitable.

Registration of the section on a voluntary basis

If the parties managed to reach an agreement voluntarily, this fact must be documented by drawing up an appropriate agreement. Citizens can draw up a division agreement on their own or with the help of outside help - lawyers and advocates.

When drawing up an agreement yourself, you must include the following information:

• Date and place of registration.
• Name of the document (“Property Division Agreement”).
• Information about the parties (spouses - current or former) - full name, passport information, addresses of places of residence.
• Purpose of the agreement.
• List of property (with a detailed description) to be divided.
• Information about which objects will be transferred to which spouse.
• Transfer conditions.
• Date of entry into force of the agreement.
• Signatures of the parties (with transcript).

When the agreement is prepared, it must be certified by a notary office - otherwise the document will not have legal force. Before visiting a notary, you need to prepare a package of documentation, which includes:

• Agreement.
• Passports of the parties.
• Documents for the property that is the subject of the agreement.
• Certificate of registration/termination of the marital union.

It is also important to note that the service for certifying the agreement is paid - the amount will need to be paid directly at the office. When drawing up an agreement, it is important to consider that:

1. The provisions of the document must not violate the norms of the current legislation of the Russian Federation.
2. The agreement should not infringe the rights of the parties, as well as third parties.
3. At the time of signing the agreement, both spouses must have full legal capacity.
4. The agreement should not regulate the division of property that does not belong to the spouses.

If the above conditions are not met, the agreement may be declared invalid in court.

Compulsory division of property

If the spouses cannot come to a voluntary agreement regarding the division of a one-room apartment, then for this purpose they need to go to court - and both the divorce and the division of property can be carried out simultaneously. To go to court, you must draw up a statement of claim, indicating in it:

• Name of the authorized body (court) to which the appeal is made.
• Information about the person acting as the plaintiff (full name, residential address, contact phone number).
• Information about the citizen who will be the defendant in the process (full name, home address, contact telephone number).
• Information that the parties have decided to break the family union.
• Data on whether the spouses have children together (indicating which parent they will continue to live with after the family breaks up).
• List of property acquired during marriage. It is important to take into account that the property must be described in as much detail as possible (if we are talking about an apartment, then its location address, floor, area).
• Request for dissolution of the family union and division of property.
• List of attached documentation.
• Date and signature.

List of attached documentation

The list of attached documentation usually includes:

• Identity document.
• Original certificate of marriage.
• Documents confirming the fact that the couple has children (birth certificate).
• Certificates confirming the income level of the parties.
• Documents for property subject to division.
• Original receipt for payment of state duty.

After the claim is submitted to the court, the judge reviews the submitted documentation and decides whether to accept it for proceedings or not. If the claim has been accepted for proceedings, the parties are summoned to the trial, defend their positions, after which the judge makes a decision regarding the division of the apartment.

Making a court decision

Based on the results of the consideration, the judge may make one of the following decisions:

On the allocation of shares in an apartment.

At the same time, the court does not always decide to allocate ½ to the parties, since the size of the share can be influenced by various factors (for example, the size of the investments of each spouse).

Next, the parties can try to sell their share (remembering the right of first refusal of the second owner), however, this is very difficult and, more often than not, citizens sooner or later come to one of the following options: they sell the apartment, and the funds are divided in proportion to their shares, or one of the former spouses buys out the share of the second.

On the implementation of apartment redevelopment.

Representatives of the judicial authority rarely make a decision regarding the implementation of redevelopment, due to the fact that it is almost impossible to divide a 1-room apartment in kind.

When choosing this method, the apartment becomes the property of one of the spouses, and the second is paid compensation, the amount of which is commensurate with the share. If the parties manage to reach an agreement, compensation may be paid in installments.

If the parties do not agree with the decision, they have the right to file an appeal before the judicial act comes into force.

When can a 1-room apartment not be divided?

In some cases, an apartment cannot be divided between citizens, even if the spouses acquired it during marriage. So, not subject to division:

Real estate received by one of the spouses as a result of a gratuitous transaction.

If one of the spouses received real estate as a result of a gratuitous transaction (inheritance, gift), then such property is not subject to division - unless the other party can prove that it invested a significant amount, which significantly increased the value of the property.

An object of real estate that has not been privatized.

Residential real estate that has not been subject to the privatization procedure is not subject to division, since it is the property of the state. If the parties managed to privatize the apartment before the start of the divorce process, then it will be possible to divide it.

Real estate owned by children.

Sometimes citizens establish children as homeowners, while the whole family continues to live in the given living space. If the parents at one time registered an object of real estate for the child, then it will not be included in the joint property of the spouses and, accordingly, is not subject to division.

Service housing is also not subject to division, since this property, as well as a non-privatized apartment, does not belong to citizens - they only have the right of residence (but not disposal). Service housing can be provided to citizens by private or government agencies and, after dismissal, is usually returned back to the owner.

Division of a one-room apartment in the presence of a marriage contract

If, before or during marriage, citizens entered into a marriage contract, indicating in it the procedure for disposing of the apartment in the event of a break in the family union, then the division of real estate will be carried out in accordance with the provisions of this document. If desired, the interested party can try to appeal the terms of the contract (also through court), but for this there must be compelling reasons.

Division of a one-room apartment during divorce

When divorcing, many couples are faced with the need to fairly divide marital property. Most often, they have to divide their housing, which is associated with certain difficulties, especially if it is issued with a mortgage. Let's look at how to divide a one-room apartment during a divorce .

Domestic legislation identifies the following methods for dividing such housing.

1. Payment of financial compensation

Any of the owners has the opportunity to receive financial compensation in the amount of the value of his share. Judicial practice shows that this is the most common option for dividing one-room apartments. To use this method, you will need:

• evaluate property;
• decide which spouse will receive monetary compensation;
• set the amount of compensation.

Typically, each spouse receives a share of 50% of the cost of housing, but there are exceptions - for example, in a mortgage, if there are children, the person with whom the minors live will receive a larger share.

2. Sale of a one-room apartment and division of the money received

Divorcing people have the opportunity to sell their one-room apartment and split the proceeds. However, this method also has disadvantages:

• it will be necessary to assess the market value of housing;
• the search for a buyer for a one-room apartment can take a long time;
• the implementation of a purchase and sale transaction requires a long time;
• The procedure becomes more complicated if the apartment has a mortgage.

3. Offsetting the share with other property acquired through joint efforts

This method represents compensation for a share, but not in monetary terms, but in the form of certain property (vehicle, land plot, dacha). Practice shows that this is one of the most optimal options for dividing joint property during a divorce.

4. Establishing the procedure for using housing

Each divorcing person has the right to own, use and dispose of the share of housing due to him. The owner of the share has the right to live in the apartment, donate the share, sell it, or rent it out.

This option can lead to problems, since without the consent of the second owner, the owner will not be able to make legal transactions with his share. And the former spouses are unlikely to agree to live together in the same territory.

5. Redevelopment

This method involves remodeling the apartment. After this, the husband and wife receive a share in cash.

In practice, this option has not gained much popularity: one-room apartments have technical limitations that exclude the possibility of creating two full-fledged living spaces.

Upon dissolution of a marital union, a one-room apartment can be divided in two ways:

• draw up an agreement on the division of property based on a peaceful agreement;
• file a claim in court.

How to draw up a voluntary agreement

If the spouses decide to draw up a joint agreement on the division of the apartment, then they will need to complete the following steps:

• draw up an agreement, the text of which will contain the conditions for the division of joint housing;
• have the document certified by a notary agency employee if desired;
• register the ownership rights to the apartment with the Rosreestr authorities, if the agreement makes changes to them.

The legislation allows the conclusion of an agreement both during the marriage and after its dissolution, but before the division of the apartment at the request of one of the divorcing persons.

The text of the agreement must include the following information:

• Full name of the spouses, date of birth, residential addresses, passport information;
• current marital status;
• description of the one-room apartment to be divided - its address, floor, area;
• date of purchase of the apartment, ownership of it;
• housing costs;
• the chosen method of dividing the apartment;
• additional features and nuances;
• date of document preparation, signatures of the parties.

If the spouses plan to have the agreement certified by an employee of a notary agency, then they will need to provide the specialist with the following list of documents:

• passports of husband and wife;
• certificate of registration of the marital union or its dissolution;
• title documentation for housing;
• a document containing information about the valuation of property.

Photocopies of the above documents will need to be attached to each copy of the separation agreement.

If it becomes necessary to initiate legal proceedings, you will need to provide a copy of the agreement to the court, so it is important to save it.

How to divide an apartment through court

The initiator of the trial must take the following steps:

• draw up a claim;
• attach a package of necessary documentation to the claim;
• carry out the procedure for appraising the apartment;
• pay the state fee;
• go to court with the necessary documents, take part in the trial of the case;
• obtain a copy of the court order;
• register changes in the ownership of housing by contacting Rosreestr.

As established by Art. 333.19 of the Tax Code of the Russian Federation, the amount of the state duty for filing a property claim is calculated according to its cost. The cost of the claim is the price of the share that the plaintiff wants to receive when dividing a one-room apartment, and is established according to the estimated value of the housing. To calculate the state duty, a fixed cost and a % rate are used. The cost of the claim is directly proportional to the value of the share, and the higher it is, the more expensive the state duty will be.

If you do not attach a receipt for payment of the state duty to the claim, the claim will not be considered by the court.

The cost of a one-room apartment is stated in the technical documentation, but the inventory price is less than the market price.

After completing the procedure, an appraisal report will be drawn up containing information about the real value of the apartment. It is calculated based on several factors:

• property location address;
• number of storeys;
• apartment layout;
• general technical condition of the house.

Features of drawing up a claim

The claim has the following structure.

• The name of the court in which the claim is filed.
• Information about the initiator of the trial and the defendant: full name in the unabridged version, residential addresses, contact telephone numbers.
• Information about other persons who represent the interests of the parties.
• Cost of claim.
• Information about the marital union: date and address of marriage registration, its dissolution.
• Information about children: their full name, date of birth, residential address.
• Information about the shared apartment that is subject to division: address of the property, number of floors, area of ​​housing, date of purchase.
• Grounds for division of property.
• Method of division, its rationale. So, if there is a child who remains with the plaintiff, then the latter can demand an increase in his share. In this situation, the claim will need to be accompanied by a document that establishes the minor’s residential address (a court decision or a spouses’ agreement will need to be used as this) and an extract from the house register at the residential address.
• Information about whether the defendant agrees to such a division of the apartment.
• Links to legislative norms.
• Statement of the plaintiff's demands.
• List of documents that are attached to the claim.
• Date of filing the claim, signature of the plaintiff or his authorized representative.

Download a sample statement of claim for division of property after divorce

Required Documentation

In addition to writing a statement of claim, the plaintiff will need to attach documents confirming the information specified in the claim, as well as proving the legality of the demands made by the initiator of the litigation.

The standard list of documents is as follows.

• Claims in the amount of how many people will take part in the trial.
• Passports of the plaintiff and defendant.
• Certificate of dissolution of marital union.
• Children's birth certificate.
• Title documentation for the apartment: agreement of exchange, purchase and sale, gift, inheritance, privatization, and if it is mortgaged - the corresponding agreement concluded with the bank.

How the case is heard in court

After filing a claim, the document is accepted by the court office. Next, the court prepares for the subsequent trial of the case: it checks the text of the statement of claim, sets the date and address for the trial of the case, and sends all the necessary documentation and subpoenas to the participants in the process.

During the court hearing, the claim and documents are studied, the parties present their arguments and evidence, and the court evaluates the evidence provided. At the same time, divorcing spouses have the opportunity to draw up an agreement based on a peaceful agreement - this document will be approved by the court and will acquire legal force.

However, it is necessary to draw up an agreement before the court makes its decision regarding the division of the apartment.

Domestic legislation establishes several ways of how a one-room apartment can be divided during a divorce. If the spouses were unable to agree on the division of property on their own, then they will need to seek help from the court with a statement of claim.

Division of a one-room apartment in case of divorce by court decision

Along with serious psychological stress during a divorce, many problems arise, especially if the spouses cannot independently come to an agreement on the division of real estate.

The issue of dividing living space upon divorce is very relevant, because a large number of married couples face it.

Very often, the division of a jointly owned apartment becomes a real stumbling block for spouses.

In their work, they rely on Russian family legislation, which regulates most controversial issues relating to the division of real estate after divorce.

The justice system rarely makes exceptions when resolving issues regarding the division of real estate; they mainly concern the protection of the interests of minor children.

What you need to know about determining shares

• The allocation of shares in an apartment is carried out only when it is practically feasible; for example, it is impossible to allocate shares in a one-room apartment.
• If the allocation of a share is objectively impracticable, then the justice authorities determine and pay compensation equal to the value of the share.
• In a situation where the property passes to one of the spouses, the second must give up his share.
• Determining shares and allocating a share is closely intertwined with the procedure for using common living space, so these issues must be resolved simultaneously, which will help avoid problems in the future.

In practice, any definition and allocation of a share turns out to be quite complex and unique in its own way, since there are a great many options for the division. In order for the division of property during a divorce to be carried out quickly and fairly, qualified legal assistance is necessary.

Methods for dividing real estate after divorce

Before you begin dividing an apartment after divorce, it is necessary to establish its legal status. It may be the property of one of the spouses or belong to them by right of joint ownership acquired by them during marriage. If real estate belonged to one of the parties before marriage, then such property is personal property, which means it is not subject to division.

In addition, division of real estate cannot be carried out if it was inherited or received as a gift before marriage or during the marriage relationship. The division of an apartment can be done in the following ways:

1. According to the terms of the marriage contract concluded by the spouses before or after the registration of marriage. The contract must clearly state how the property will be divided and who will receive it in the event of divorce. Unfortunately, in the Russian Federation it is still very rare to conclude marriage contracts, therefore, after a divorce, numerous disputes arise between spouses regarding the division of real estate (see → how to draw up a marriage contract | how to invalidate a marriage contract). It should be noted that the law does not establish the procedure for dividing property acquired in a civil marriage and the property will be divided in accordance with the procedure of ownership.
2. By voluntary agreement of the parties. Spouses have the right to divide their real estate in any way, and housing can also be left to one of them. The main thing in this matter is complete agreement between both parties. Mutual agreement on the division of an apartment during a divorce has many advantages, since the division of property through the courts leads to aggravation of relations and significant financial costs.
3. By court decision, real estate is divided equally between the spouses.

Division of real estate upon divorce by court decision

If the marriage is annulled, it does not matter to whom the joint apartment is officially registered. In all cases, if the property was acquired jointly, it will be divided into equal parts. After the court determines the equality of the parts of the housing, the spouses have the right to exchange the apartment.

In the family legislation of the Russian Federation, exceptions are allowed when, by a court decision, the division of an apartment can be carried out in a different way. Who will become the owner and how will the division of real estate be carried out after a divorce in such a situation:

1. If the apartment was bought by a wife or husband during the absence of family relations or during a period of unjustified separation. If the court proves this, then the apartment will be recognized as the personal property of the spouse who bought it, and will not be divided upon divorce. However, if the other half makes their claims to the living space, the court will require evidence of the presence of family relationships. If the necessary evidence is provided, the court may divide the apartment.
2. At the discretion of the court, the share of one of the parties may be increased taking into account the interests of minor children (under 18 years of age). However, it is worth noting that the mere residence of children with one of the parents after a divorce is not such a serious reason as to exclude equality in the division of real estate. But if the parent with whom the children remain proves in court that increasing part of the apartment is necessary in order to protect the interests of the children, then his wish may be granted.
3. The court may also reduce the share of the common living space if, when living together, one of the spouses did not have any income or spent common material resources on their own needs to the detriment of the interests of the family. The main difficulty for the second spouse will be proof of these circumstances.

Procedure for dividing a one-room apartment

Upon divorce, a one-room apartment is divided in equal shares between husband and wife in cases where it was acquired during marriage and is their common property. In case of divorce, the share can be determined either by the conclusion of a voluntary agreement between the spouses or by a court decision.

In most cases, after determining the share, one of the spouses buys out the share of the other. Another common option is when the apartment is sold and the money is divided equally between the spouses.

In sections of one-room living space, such options are the most optimal, since it is practically impossible to divide it.

How to divide a privatized apartment

Difficulties in dividing a privatized apartment during a divorce arise when the privatization was carried out by one of the spouses. The fact of registration in a privatized apartment does not guarantee that you will receive your share when it is divided.

Along with donated or inherited living space, a privatized apartment is the result of a gratuitous transaction.

Therefore, if the privatization of living space is registered only in the name of the husband or wife, it becomes his personal property from the very beginning and upon divorce it cannot be divided.

In accordance with the Housing Code of the Russian Federation, in the event of a divorce, the party who is not the owner of real estate loses the right to reside in the apartment.

But the justice authorities have the right, after a divorce, to preserve for a spouse who is not the owner of the privatized living space the right to reside in the apartment for a certain period of time and even for life. To make such a decision, the court must have compelling reasons.

For example, a spouse does not have any other housing and, for financial reasons or other circumstances, cannot provide himself with living space. When both spouses jointly privatize an apartment, they have equal rights to it, and upon divorce, the privatized apartment is divided in half.

Features of the section of a non-privatized apartment

Housing that is not privatized belongs to the municipality and is not the property of tenants. This means that it is not possible to divide such property during a divorce. But in practice, there are ways to divide such apartments:

• privatize and allocate a share to both spouses;
• re-issue a social tenancy agreement, according to which tenants can replace their living space with two smaller apartments.

Service apartment section

Office living space is the personal property of the organization providing housing to its employees. Most often, such housing is provided to military personnel, law enforcement officers, teachers, etc.

In accordance with Article 52 of the Housing Code of the Russian Federation, upon divorce, a service apartment is not subject to division. In the event of a divorce, the official apartment has the right to be occupied by the spouse to whom it was allocated.

But if the other party does not have housing, then the justice authorities may grant him the right to temporarily reside in office premises.

Division of inheritance and donated apartment during divorce

Current legislation stipulates that living space received under a will is not subject to division, since it is personal property. However, Article 37 of the Family Code of the Russian Federation on the division of real estate by will provides exceptions.

Property received by inheritance can be divided between spouses in cases where, due to common financial investments during the marriage, the value of the property inherited has been significantly increased.

The same provision applies to the increase in the value of living space inherited through the labor of one of the spouses.

It is worth noting that inherited shares and funds are considered personal property and cannot be divided even if their value increases.

However, if shares or securities transferred by inheritance were sold, and with the proceeds the family purchased a car or some kind of real estate, then the justice authorities may recognize it as joint property and divide it between the spouses upon divorce.

It is best to find out the nuances that relate to real estate inherited from a qualified lawyer.

List of required documents

Necessary documents for division of property during divorce
Photocopy	Original
a photocopy of the marriage certificate certified by a notary their notarized copies	statement of claim to court (→ how to draw up) Marriage certificate documents confirming the acquisition of property using general funds documents confirming ownership documents issued by the house management (information from the house register, a copy of the personal account from the place of residence) lawyer's power of attorney certified by a notary

If you have any problems with the division of real estate after divorce, it is best to get advice from an experienced lawyer.

This is necessary because the family legislation of the Russian Federation contains many subtleties and nuances that are often beyond the capabilities of a person without a legal education.

It is best to try not to bring the matter to court, but to try to talk again and come to a mutually beneficial solution to all issues of property division.

How to divide a one-room apartment during a divorce - ways to resolve a dispute about the division of the first apartment between spouses

Family breakdown is an unpleasant event that almost every fifth family in our country faces. The most troublesome part of the process under consideration is the distribution of jointly owned real estate. The section of a one-room apartment especially raises a lot of questions among people.

At first glance, dividing a 1-room apartment is very difficult, but as they say, there are no hopeless situations. The process of dividing property is regulated by a number of regulations that must be followed to resolve this problem.

The article will explain to readers all the subtleties, identifying all possible nuances that need to be taken into account. In addition, it will give you an idea of ​​what to do so as not to be left out of work.

What does the law say about the division of property in a one-room apartment between spouses?

Everything purchased by spouses during marriage is considered jointly acquired property and is divided in half upon divorce - Art. 34 of the RF IC, regardless of its form.

There are conditions under which property at the disposal of spouses is not subject to division:

• the property was acquired before marriage;
• the apartment was donated to one of them;
• a one-room apartment was inherited;
• privatization was carried out, but without the participation of the husband or wife, subject to his refusal;
• housing was purchased with personal money.

However, there are exceptions to these rules that must be taken into account.

Living space can be divided during divorce proceedings, and is recognized as jointly acquired when:

1. It was significantly reconstructed or improved for common money, which resulted in an increase in its market and inventory value, and accordingly improved its functional characteristics (Article 37 of the RF IC).
2. It was purchased on credit before registering family ties, but it was repaid from common funds earned during the marriage.

We emphasize that there are still factors that can significantly affect the size of the shares of real estate between the ex-husband and wife. They need to be taken into account.

Such circumstances may include:

• the presence of minor children, then the share for one of the spouses with whom they will live may be increased;
• the fact of non-participation of the second wife or husband in providing for the family without objective reasons, or misuse of money - alcohol, drugs, slot machines, immoral lifestyle, then the portion of housing due to the former spouse may be reduced.

The situation develops completely differently if a marriage contract is concluded. In accordance with this document, all property will be divided between the parties who entered into it, based on the conditions specified in it.

How to divide and where to start dividing a one-room apartment

You should first weigh everything and assess the situation. Then discuss the issue with your ex-spouse and try to resolve it through negotiations.

There are three ways to resolve it:

1. By concluding an agreement certified by a notary.
2. By going to court.
3. As stated in the prenuptial agreement (if there is one).

The surest and easiest way to come to a common denominator and enter into an agreement on the division of property. It will require the least nerves and material costs of the former spouses, in addition, the entire procedure is predictable, since both parties agree on it in advance.

Drawing up an agreement with a notary

First of all, this option should be jointly determined. Then, independently or with the help of a lawyer, draw up the text of the document and have it notarized. If changes are made to the property rights of housing, register with the Rosreestr authorities.

It must include:

1. Passport details of both parties.
2. Information about current marital status.
3. Details of the residential premises (area, address, number of rooms, floor, house).
4. Date of home purchase.
5. Details of title documents for real estate.
6. Its estimated value.
7. Options for its division.
8. The signatures of the parties and the date of preparation are affixed.

Before signing, participants must carefully read the text so that mutual reproaches and disagreements do not arise in the future. Then go to the notary office at your place of residence to register the document.

You must have the following documents with you:

• civil passports;
• certificate of marriage or divorce;
• documents confirming ownership of real estate or a car;
• certificate of appraised value.

After the agreement on the division of real estate is signed and certified, the spouses need to make changes to the Unified State Register. There may be several options for dividing property between spouses, which will be discussed below.

How to file a lawsuit to divide a one-room apartment

Court proceedings determining the division of a one-room apartment during a divorce between former spouses are far from uncommon in legal practice. However, you need to understand that the process of dividing a one-room apartment is often costly and time-consuming.

Therefore, it is worth starting it when there are persistent disagreements and contradictions between spouses regarding the distribution of living space. To make it clear what one of the parties needs to do in this situation, we will tell you in more detail.

Conventionally, the whole process can be divided into several stages:

1. Prepare documents and evidence for court.
2. Fill out a statement of claim and pay the state fee.
3. File a Claim in court, by contacting the office or by mail.
4. Participate in ongoing court hearings.
5. Receive a reasoned court decision on the claim.
6. Execute the decision of the court by making changes to the Unified State Register, due to the change in the owner of the property.

For the fact that a person filed a claim in property court, a state fee is paid. Its size is regulated by Article 333.19 of the Tax Code of the Russian Federation, the amount is calculated from a fixed amount and interest rate.

It will depend on the size of the share claimed by the applicant and the total estimated value of the living space. It is important to know that the higher the cost of the residential premises that a person is applying for, the higher the state duty accordingly.

The following documents must be attached to the statement of claim:

1. Certificates of divorce or marriage, birth of children.
2. Title documents indicating on what basis housing belongs to citizens.
3. Technical passports for residential premises.
4. Certificates of the estimated value of the property.
5. If the living space was improved for joint money - cash receipts for purchased building materials and contracts for repair and construction work.
6. Extract from personal account about family composition (original).
7. Receipt of paid state duty (original).

When resolving a dispute through court, it is better to consult a lawyer. Otherwise, there is a high probability of losing the process and being left with nothing.

What are the alternative options for dividing the 1st apartment?

There are several options for the “odnushka” section, which have already been tested for several years and are being implemented in practice.

As the reader has already understood, having read part of our article, dividing a one-room apartment is a troublesome matter, but it can be solved. The main thing in this situation is to correctly navigate and choose the most suitable method, so that later there are no disputes and disagreements between the parties.

There are several ways to divide a one-room apartment:

1. If the living space and layout of the apartment allows, redevelopment into 2 rooms is carried out. However, this is very rare in practice.
2. Delineate and agree on the procedure for using living space jointly. It is problematic and rarely implemented, due to its small living and total area.
3. Re-register in the name of one of the spouses, who in turn will pay the other party the agreed upon monetary compensation for his part.
4. The premises are transferred to the husband or wife, but to offset other jointly acquired property.
5. The apartment is put up for sale, and the money received is divided between the parties.

The court will take into account all existing circumstances, including the presence of children, when and by whom the property was acquired, and whether people still have living space. If these conditions are not present, then the judge will proceed from the general rule of equality of shares.

Of the five options presented, only three are used in practice and can actually be used. Let's look at them below.

Financial compensation

A very quick way to divide a one-room apartment between spouses. In addition, paragraph 2 of Art. 247 of the Civil Code of the Russian Federation allows one of its owners to receive the cash equivalent for their share of an apartment. Often this is the decision made by the court.

To implement this type of section, you must adhere to the following algorithm:

1. Establish the estimated value of the living space by receiving a certificate from the BTI.
2. Decide together who will get the money and who will get the housing.
3. Calculate the amount of monetary compensation.

The agreements reached on this issue can be consolidated by concluding an agreement or in court. The main nuance will be to find a consensus regarding the size of the shares and their value.

Offsetting a share in a one-room apartment with other property

A less common solution to the issue, due to the fact that the spouses do not always have property at the expense of which offset can be carried out. To do this, it is necessary that the jointly acquired property include some other property of equal value.

Such property includes:

• house;
• automobile;
• Earth;
• country house.

In fact, one of the parties, giving up their part, receives its equivalent only in other things instead of money. This is very convenient when, for example, a wife or husband needs a car to travel or earn money. Secure this by again drawing up an agreement, which will need to be certified by a notary.

Sale with subsequent division of money

Also a very common method of division. After all, when a person has money in his hands, he can then use it as he pleases. This will require a real estate assessment, concluding an agreement with a real estate company, and searching for clients.

The court may approve a settlement agreement between the parties on this issue. Disputes often arise over the price of property, when one of the spouses may not be happy with something - for example, the price, or the lack of clients.

However, there is one plus: analysis of the real estate market indicates that, as a rule, the most liquid housing is one-room housing.

How children influence the division of a one-room apartment

The current legislation protects their interests. Therefore, divorce and distribution of jointly acquired property, in such a situation, is carried out through the court.

In accordance with Part 2 of Art. 39 of the RF IC, the judge is obliged to deviate from equality of shares, taking into account the interests of minors or minors that the spouses have.

In this situation, it is necessary to involve the guardianship authorities. When living space or a share in it was registered in the name of a child, it is not subject to division between husband and wife.

The following conditions directly affect the increase in the share of one of the spouses who remains to live with the minor:

• the husband’s reluctance to participate in the upbringing and maintenance of the child;
• there is a large alimony debt;
• difficult financial situation (confirmed by a certificate of income);
• the minor is recognized as disabled or suffers from a serious illness;
• the property is the only place where he can reside.

However, the presence of such grounds does not mean that the second party will be completely deprived of its share. It can only decrease.

Transfer of a share in a one-room apartment to pay alimony

In a divorce, one parent, usually the father, is required to make these monthly payments for the child.

They can be calculated from wages in the amount of 25% for one and 33% for two or more children. Or you can enter into an agreement for a fixed amount with a notary. Along with this, the law allows you to transfer your share of child support.

Part of the real estate is transferred for alimony on the basis of an agreement concluded between them, which is certified by a notary. It gives grounds to register part of the property in the name of the child and, accordingly, gives the right to re-register the share of the residential premises with the Rosreestr authorities, which does not happen with the usual division of housing.

If a one-room apartment has a mortgage

A very common situation in modern Russia due to the high cost of housing. Not all families have the means to immediately purchase an apartment with several rooms.

When dividing a one-room apartment, two conditions must be taken into account when exactly the mortgage was taken out:

1. Before marriage.
2. During family life.

Each option involves its own solution. It is necessary to find out whether the obligation was repaid during the marriage relationship or not. Based on this, an algorithm for further actions is selected.

Loan taken out before marriage

If it is proven that the loan was not repaid from common family money and the second spouse has nothing to do with its repayment, then the housing goes to the one who took out the mortgage. He will continue to pay it off.

If during family life everything was paid jointly, then if the amount is insignificant, then one of the parties has the right to demand half of the funds paid.

She will not be able to claim a share in the residential premises. When payments have been made significant and commensurate with the cost of housing, then you can claim half of the living space.

The apartment was purchased with a joint mortgage

In this situation, the issue of division is somewhat more complicated. Everything purchased during marriage is considered jointly acquired and is therefore divided in equal shares. This also applies to mortgages.

The following options are possible:

1. An agreement is concluded between husband and wife in accordance with which they both remain its owners and simultaneously repay the loan. After repayment of the obligation, the living space is divided.
2. Everything is divided into equal shares and a mortgage is reissued for each of them, which is paid by each party. Unlikely, possible only with the consent of the bank. In view of the current judicial practice, it is not recommended to go to court with such demands.
3. When the loan balance is small, the home is sold, and the missing amount is paid from the proceeds. The rest of the money is divided between the ex-husband and wife.

In all cases, citizens are required to inform the banking institution. The probability of development of one or another scenario of events will depend on the decision of the financial organization. If the bank gives the go-ahead, then there is no need to go to court.

In any case, each situation is individual and requires preliminary analysis. Therefore, you should not neglect contacting a lawyer.

Five tips for ex-spouses if they want to share a one-room apartment

Unfortunately, the breakdown of a family is the reason for the division of jointly acquired property. The main thing is to maintain restraint and follow the letter of the law.

Everything will be much easier if you adhere to the following recommendations:

1. Choose the most profitable way to divide a one-room apartment, taking into account the situation on the real estate market and financial situation.
2. Conclude an agreement on the division of living space with a notary, this will save nerves, money and time.
3. Try to take everything into account in this document, outlining all your requirements as competently and clearly as possible.
4. Avoid inaccurate and ambiguous wording and errors in the text.
5. Remember the child's interests and his share.

If insurmountable disagreements arise, immediately contact a lawyer, and then go to court. The lawyer will resolve the dispute taking into account the interests and position of the parties. However, it is better not to lead to such a development of events; the court will not always make the decision that is expected of it.