How to sue a share in an apartment from the owner, ex-husband, parents, mother

Most often, close people have to go to court when it comes to the division of real estate. In order for this procedure to go as smoothly as possible, it must be approached with all responsibility and legal literacy.

Of course, the best option for dividing property is a peaceful agreement between the owners. However, it is not always possible to reach an agreement, so in judicial practice, cases of property disputes between close relatives are not so rare.

When might it be necessary to go to court?

1. After the dissolution of the marriage, one of the spouses makes a claim to the allocation of a share from the common shared property, the owner of which he or she is the owner of together with the ex-husband/wife.
2. Children from previous marriages of one of the parents or joint descendants wish to receive part of a residential building or apartment as their property;
3. Other close relatives (grandparents, brothers/sisters) defend their rights to housing.

Such conflicts are rarely resolved peacefully, so sooner or later one of the parties goes to court.

If you want to find out how to solve your particular problem in 2023, please contact us through the online consultant form or call :

• Moscow: +7 (499) 110-86-72.
• St. Petersburg: +7 (812) 245-61-57.

• However, competent implementation of this procedure requires certain knowledge of its immediate mechanism.
• A court decision in such proceedings is made on the basis of weighty arguments, so the parties should take care to seriously substantiate their claims to the share of one of the owners.
• If sufficient reasons for the transfer of ownership of the residential premises are not presented, then the court, as a rule, makes a decision on the equal distribution of living space.
• For example, if the equal owners of the apartment are former spouses, then when a woman raising one or more minor children goes to court, she can expect to be allocated a larger part of the apartment than her ex-husband.

Documents required to file a lawsuit

First of all, the owner needs to write a statement of claim. It is better to entrust this task to an experienced lawyer, since the presence of errors in the document is a reason for the court secretary to refuse to accept the application.

If you want to find out how to solve your particular problem, please contact us through the online consultant form or call :

• Moscow: +7 (499) 110-86-72.
• St. Petersburg: +7 (812) 245-61-57.

• Certificates of state registration of marriage or divorce;
• Owner's passports (pages with personal information and registration address);
• Technical passport of the residential premises subject to division;
• A document confirming the applicant’s ownership of the apartment;
• Architectural plan of the premises containing information on the distribution of ownership rights.

In addition to the above documents, the applicant will need to present to the court clerk a receipt for payment of the state fee for the statement of claim.

Its amount is determined by the price of the claim, that is, the market value of the share of the residential premises claimed by the applicant. Determining the price of the claim does not have to be entrusted to a competent employee of the appraisal office; it is enough to indicate the average cost on the real estate market.

Also, the decision to contact a specialist can be made by a judge, based on a relevant request from one of the parties.

Algorithm of actions

1. The first thing an applicant should do before going to court is to assess the value of the share of residential premises for which he is applying. You can do this yourself, based on average market prices for housing, or by using the services of a qualified expert.
2. The next stage is preparing the necessary documents, making photocopies and paying the state fee. At this stage, it is necessary to decide whether there are sufficient grounds for an unequal distribution of shares among the owners of the apartment. If the reasons for this are compelling, then you also need to prepare documents confirming this (for example, birth certificates of children).
3. Then the plaintiff needs to contact an independent examination bureau, which must determine whether the allocation of a share of the residential premises is possible in principle.
4. When all the documents have been prepared, the examinations have been completed, and the price of the claim has been determined, you can begin writing the application. Again, it is better to entrust this to professionals.
5. The completed statement of claim, package of documents and receipt are provided to the employees of the office of the district court office. By the way, there is the possibility of installments of the state duty or reducing its size: this decision is made by the court based on the petition of the applicant.
6. The court's acceptance of documents is accompanied by a letter sent to the plaintiff's address.

In case of a positive decision of the court, the applicant will be allocated a share of the defendant’s property or will be awarded monetary compensation if the allocation of a share of the residential premises is not possible according to the decision of an independent expert.

Who bears the costs of litigation?

The state fee for the statement of claim is paid by the plaintiff. Its size is determined as a percentage of the average cost of the share of the apartment for which the applicant is applying and ranges from 400 to 60,000 rubles.

The technical examination is carried out at the expense of the defendant, however, if he does not want to pay for this procedure, the plaintiff can do so.

Costs include the plaintiff's costs for a lawyer, various legal consultations, etc. The amount of these costs is purely individual and depends on the prices of a particular law office, the number of court hearings, the number and complexity of technical examinations.

Whose chances are greater to win the case?

When going to court, it is necessary to take into account that parents’ claims to shares in their children’s residential property have no chance of a positive court decision.

However, children also cannot claim shares belonging to their parents.

Claiming a share in an apartment based solely on registration in it is also a hopeless matter.

As a rule, ex-wives raising minor children have the most advantageous position in such litigation.

Arbitrage practice

Example 1

Example 2

• Moscow: +7 (499) 110-86-72.
• St. Petersburg: +7 (812) 245-61-57.

Or ask a question to a lawyer on the website. It's fast and free!

Division of an apartment after a divorce: how to divide a privatized apartment | Legal Advice

Last updated February 2023

An apartment is perhaps the most expensive property that spouses can acquire during their marriage.

Therefore, in the event of a divorce and division of property, this very apartment becomes a stumbling block, and each spouse begins to believe that it is he who is worthy of receiving the coveted square meters as sole property.

How to divide an apartment during a divorce, and in which cases it will not be possible to divide it, we will consider in our article.

It’s the same with an apartment: it doesn’t matter whether the property documents are in the name of the husband or wife, it was purchased during marriage, which means it is subject to division in equal shares.

At the same time, the Family Code of the Russian Federation provides for several cases when property acquired during marriage (in our case, an apartment) is not subject to division.

• Acquired before entering into a marriage officially; it will remain the property of the person in whose name it is registered.
• Privatized by one of the spouses before starting a family or when his wife (husband) refuses to participate in privatization.
• Received by inheritance or under a gift agreement (see deed of gift for an apartment, donation of a car).
• Purchased for a child and registered in his name.

Even if only one of the couple becomes the owner of the home after a divorce, the second retains the right to live in it. Only for a period determined by court or agreement and provided that he has no other housing.

Example: I. lived with a girl in a civil marriage and purchased a two-room apartment with personal funds, registering it as his property. A few months later, the couple officially registered their relationship, and they began to live in the above apartment.

Two years later, the marriage broke up, the wife went to court regarding the division of the apartment. The court ruled that the apartment remains the personal property of I.

, and his ex-wife has the right to live in it for three years (since she has no other housing or relatives in this city), after which she must vacate the living space.

If this couple gives birth to a child and leaves him after a divorce from her mother, she could qualify for a longer period of residence in this apartment (until the child turns 18 years old). And if she could prove that the apartment was also purchased with the participation of her funds, she could even compete for a share in it.

Division of an apartment that is not subject to division is possible only in certain cases and subject to a number of conditions:

• when the spouses were able to reach an amicable agreement and entered into an agreement or marriage contract,
• husband and wife sold this property and bought two separate apartments,
• they sold this home and divided the money in equal parts,
• They divided the apartment into shares in kind, that is, they allocated two separate entrances/exits to it, and erected new walls. True, in an apartment building this is unlikely, but in a residential building it is quite possible.

It is important to know that if the plaintiff goes to court regarding the division of marital property, he has a chance to claim his share even in an apartment privatized by his ex-spouse, gifted to him, inherited or purchased before marriage.

This is possible if he proves that funds belonging to him personally or from the general family budget were spent on the maintenance of the specified apartment, which significantly increased its cost (expensive repairs, built-in furniture, legal redevelopment, etc.).

If the court considers the arguments compelling, it may decide to transfer the apartment to joint ownership. And then both spouses will have equal rights to it.

Example: I., during his marriage to K., inherited a three-room apartment from his grandmother.

The court decided to divide the three-room apartment between the former spouses in half, since after joint renovation its price doubled.

Marriage contract

Concluding a marriage contract is still not very popular among Russian citizens, although sometimes it can significantly simplify the procedure for divorce and division of all joint property.

As a rule, it is concluded between citizens just planning to start a family, but someone concludes it in the process of family life or is already on the verge of divorce.

This document can save a divorcing couple from mutual disputes and unnecessary sharing - after all, all the rules for the division of common property are spelled out in the document. They will be able to establish a procedure for dividing even the property that they will acquire in the future when living together.

If one of the spouses does not agree with the points specified in the contract, then it can always be changed. The husband and wife just need to decide how to make changes:

• by mutual agreement - sit down together, agree, draw up an agreement to amend the document, have it certified by a notary; or
• through the court - by filing a lawsuit by a spouse who disagrees with the terms of the contract with a judicial authority for the division of common property according to the law.

It is important that a dissatisfied spouse can go to court regarding the division of property acquired during their marriage before the expiration of the three-year period that has passed from the date of divorce.

Example: I. and K., at the time of marriage, drew up a marriage contract, in which they determined that the apartment acquired by I. before the marriage would remain his property in the event of a divorce. TO.

will be able to claim the 12th part of it if the family union lasts 5 or more years and they have a child together. The family broke up three years later, but a child was born; the condition specified in the contract was not fully met.

In this case, the spouses can sit down at the negotiating table and determine a new procedure for dividing the apartment, or K. will have to go to court.

It is advisable to conclude an agreement on the division of an apartment when a husband and wife are married, but want to determine their right to part of the living space. Or when their marriage is on the verge of breaking, but they were able to amicably agree on how to divide the existing housing.

A married couple can draw up a voluntary (or amicable) agreement on their own or seek the services of a lawyer. It is signed by both parties and it is advisable to have it certified by a notary, which will help avoid unnecessary problems and disputes in the future.

The agreement may include such a procedure for dividing the apartment so that in the event of a divorce, the spouses will not have to live under the same roof. They can:

• sell the joint home and divide the funds in half,
• leave the apartment to one spouse, and all other property to the second,
• the apartment will go only to the husband (or wife), and he, in turn, is obliged to pay his ex (ex) compensation in the amount of half of its value, etc.

Former spouses can establish almost any order for dividing the apartment; the main thing you should pay attention to is that the interests of minor children should not suffer from their actions.

Just like a marriage contract, the agreement can be changed by mutual consent of the couple or appealed in court.

Division through court

Applying to the court regarding the division of an apartment is the only way out for those spouses who cannot agree on which of them gets joint housing after a divorce.

The division of the apartment, if the owner is the husband, will be no different from the situation when both spouses are owners. In the absence of the above circumstances (privatization, inheritance, donation, etc.).

According to the law (part one of Article 39 of the Family Code of the Russian Federation), everything acquired by spouses during marriage is joint property, and in the event of a divorce it is divided between them in equal shares.

Example: if a husband and wife have one apartment, then the court will divide it between the spouses in equal shares, that is, each will get 12 parts of it. And how people who do not want to save their marriage will continue to live together in it is another question that cannot be resolved in court.

The court may decide to sell the apartment and divide the funds equally between the spouses. This is possible in cases where such housing is not the only one and if it is sold, the ex-husband, wife and their children will not be left without a roof over their heads.

The law provides for three more cases when one of the spouses can count on a share in the apartment exceeding half of it:

• when the second spouse did not receive any income for a long time for unjustified reasons (this does not include housekeeping, being on sick leave or disability, raising common children),
• when, after a divorce, common children remain living with this parent,
• when the second spouse irrationally used the joint budget to the detriment of his family.

These circumstances will need to be proven in court. The large share established by the court will depend on many factors (number of children, financial situation, health, etc.).

Example: I. and K. acquired a three-room apartment during their marriage, which was registered as common joint property. Three children were born from the marriage. During the divorce K.

went to court on the issue of division of property and demanded to divide the apartment between her and her ex-husband in shares of 1/4 and 3/4, respectively, since the children remained to live with her.

The court satisfied her claims and found that after the divorce, I. would own 1/4 of the apartment, K. – 3/4 of it.

If you have children

If a divorcing couple has children in their marriage, then it must be taken into account that the law protects their interests, so leaving them without housing or significantly worsening their living conditions is unlikely to be possible.

As we have already said above, the presence of common children is a reason for the parent who will remain living with them after the divorce to demand a larger share in the apartment. The court is quite willing to rule in favor of the plaintiff.

It’s even easier if, even before the divorce, each child had their own share in the apartment. Then they are added to the share of the parent with whom they will live after the divorce, and the rest goes to the second parent.

Example: a minor had in a one-room apartment measuring 33 square meters. m. owned part 14 (8.25 sq.m.). When purchasing another, three-room, 70 sq.m. parents are also obliged to allocate him a 14th share, only it will already be 17.5 sq.m.

A child whose rights are protected by one of his parents will not be able to renounce his share without providing him with other housing.

What else cannot be exchanged

During a divorce, spouses will not be able to exchange housing that is not their property. This would seem logical, but there are situations when those getting divorced try to divide the indivisible.

Apartment under a social rental agreement

Some couples have been living for years in apartments that are not privatized, which means that ownership rights to them belong to the state or municipality.

It will be possible to turn such an apartment into your own property only through privatization.

The ideal option is to include both spouses or all family members in the privatization, then in the event of a divorce everyone will have rights to it, and not just the spouse who privatized it.

Remember that the law allows each citizen to participate in privatization only once in his life.

Service apartment

Official housing is provided to an employee (or worker) by an organization for the period of service in it, that is, temporarily. Upon dismissal, this citizen, like his family members, loses the right to live in such an apartment.

During a divorce, he can evict his former significant other. But when she goes to court, the latter can determine a certain period during which she will be able to use this apartment until she acquires other housing.

We think there is no need to talk about rented living space. Its owner remains the one who rents it out, no matter how long it is rented by a married couple.

Mortgage apartment

It is not always easy to divide an apartment purchased by spouses with a mortgage, but it is possible.

Here, too, much depends on the ability of the ex-spouses to peacefully agree on who will live in it after the divorce, and how the joint mortgage loan will be repaid.

You will also need to take into account the opinion of the banking organization that issued the mortgage loan. Read more about the division of a mortgaged apartment here...

Divorce and division of property acquired together is almost always stressful and emotional tension. We hope that our article will help you make the right decision that will suit both spouses and will not infringe on the interests of their children.

Ordinartsev Roman Valerievich

The owner of a share in an apartment can be forced to sell it - Housing Market

Follow us:

25.09.2014 | 15:20 161169

The owner of a larger share in an apartment may, by a court decision, pay compensation to the owner of a smaller one, even against his wishes. For a long time, this was impossible, but the Supreme Court of Russia created a precedent.

In 2012, the Supreme Court, while considering a dispute between several owners of one apartment, made a revolutionary decision. Each of them had shares in common real estate.

Having considered all the arguments and previous court decisions, the Supreme Court ruled: the rights of the owner of a larger share can be protected by forced payment of monetary compensation.

In this case, the owners of a significantly smaller share lose their right to it.

The painful legacy of privatization

“Based on the analysis of Rosreestr data, the number of purchase and sale transactions with shares in residential premises in St. Petersburg is about 40% of all registered,” says Marina Chizhkova, head of the Center for Research and Analytics of the Real Estate Bulletin Group of Companies. – And this is only purchase and sale, but there is also donation, inheritance, etc.

So this figure could be much higher.”

Citizens often purchase only a couple of meters in order to obtain registration. And sometimes this is done for unseemly purposes - to move in, turn the lives of neighbors into hell and, in the future, take over the entire living space.

Other unscrupulous realtors with connections to the criminal world specialize in trading shares in apartments. The former carry out transactions, the latter provide pressure. It also happens that one fine day one of the owners has his own interests that diverge from the interests of everyone else. At the same time, someone may own a tiny share of the entire apartment, just a couple of square meters. Legally, such an owner has every right to use it - to live, sell, rent, or register a spouse or child there. But practically this is nonsense, because it is impossible to use a couple of meters without violating the boundaries of neighboring property. When the owner of a small share is ready to give it up, then everything is very simple. He either donates or sells his meters to a co-owner. True, the latter is not always ready to pay. Especially when they demand from him that part of the market value of the apartment, which he has been using for a long time without any obstacles from the outside (co-owners with such small shares most often live somewhere else).

In this case, you can notify your “wealthier” neighbor of your intention to sell your share in the apartment. He can exercise the pre-emptive right to purchase within 30 days. If the right is not used, then it can be sold to third parties.

Whether there are such people is another matter. After all, if the share is not a separate room in a communal apartment, but a few meters unsuitable for living on them, then few people need such a deal.

In this case, the owner of the larger share is sued in order to force him to buy out the smaller share. And there were such court decisions.

Tushino case

But the opposite situation is much more interesting, when the owner of a larger share wants to become the sole owner of the apartment, but the owner of the smaller share resists this in every possible way. For two decades since the start of privatization, there have been no precedents in Russian judicial practice when a decision was made to oblige the owner to sell his share in an apartment.

However, relatively recently the Supreme Court of the Russian Federation created such a precedent. It was in the capital. Citizen N filed a lawsuit against her ex-husband. Once she bought a three-room apartment and registered her husband in it. The marriage broke up. The district court recognized the woman's 13/14 shares in the apartment. The ex-husband got 1/14. Its share, in terms of area, corresponded to 2.5 square meters.

m of living space. After the divorce, the ex-husband did not appear in the apartment and did not cause any concern to citizen N. But after some time, he signed a lifelong maintenance agreement with his son from another marriage. He registered in the apartment himself and registered his daughter. Then the contract with the son was terminated, but a new one - the same - was signed with the daughter-in-law.

She has already become the owner of 1/14 share. As a result, two parents, a minor child and the ex-husband of citizen N are registered in 1/14th of the apartment.

Moreover, in the counterclaim they demanded not only that they not be prevented from moving into the disputed apartment, but also considered it possible to determine for them the procedure for using one room in this apartment. The Tushinsky District Court partially satisfied both claims. He agreed with the woman’s claim against her husband’s son and recognized that his right to use had ceased and decided to discharge him.

However, the daughter-in-law’s counterclaim for moving into these 2.5 square meters. m the court also satisfied. The court refused all other requests from both sides. The city court left this decision unchanged. Thus, the district and city courts did not help the citizens, but only completely confused an already difficult situation. Therefore, the owner of most of the apartment decided to seek the truth in the Supreme Court.

The Supreme Court stated that both courts – the district and city courts – “substantially violated the norms of substantive law.” And he decided that the plaintiff should pay “forced compensation” to her neighbors, and the daughter-in-law’s property rights should be terminated.

Supreme logic

The Tushinsky District Court reasoned as follows. The apartment consists of one isolated room with an area of ​​11.4 square meters. m and two entrances of 8 and 16 sq. m. That same 1/14 share is 2.5 square meters. m of living space... but there is no such room in the apartment. According to Article 252 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), compensation for a minor share cannot be forced.

Therefore, the district court did not satisfy the claim to terminate the property rights of all newly registered residents and to pay them compensation. The court left a registration for the child, since the parents decide where he should live. One of the parents is the daughter-in-law. She is the owner of these 2.5 square meters. m. Therefore, he has the right to register his son there.

The court also left the ex-husband with a residence permit, since he was moved in with the owner, his wife, during the marriage, and after the divorce, according to the law (Part 4 of Article 31 of the RF Housing Code) “he did not lose the right to use the apartment at the place of registration.” However, the Supreme Court assessed the same situation differently. According to the Civil Code of the Russian Federation, common property can be divided by agreement between the owners.

If it is impossible to allocate a share without damaging the property, then the owner, with his consent, can receive the share in cash. The Supreme Court further reasoned as follows. It is impossible for new owners to determine the procedure for using residential premises given the size of their share.

According to Article 288 of the Civil Code of the Russian Federation, residential premises are intended to be lived in, and a share of 2.5 square meters. m is unsuitable for this, since it is not possible to “isolate it in nature.” Therefore, the Supreme Court accepted the experts’ assessment, according to which a tiny share is worth 400 thousand rubles. This amount became the amount of forced compensation that citizen N sought.

Regarding the child, the court decided that the place of residence of minors is the housing of their parents, and they never lived in the disputed three-ruble note (Article 20 of the Civil Code of the Russian Federation). And accordingly, the right to use the apartment was not acquired.

Little did the plaintiff know that her claim would go down in the history of judicial practice!.. After all, this decision of the Supreme Court explains to lower courts how to apply the law in such situations, when the conflict between co-owners is seemingly insoluble.

Opinions

Director of the resettlement department of the real estate agency Home estate Arkady Leonov: “If an apartment has many owners, they cannot divide it on their own, and at the same time everyone owns other residential property, then it is quite appropriate to talk about selling small shares to a large owner. It’s another matter if this object is the only place of residence for the “small” owner. Then, of course, it will be unfair.”

Sophia Sokolova, lawyer at the real estate and investment practice at Kachkin and Partners: “With this approach, there is a very big risk that the owners of small shares in communal apartments will be blackmailed by the courts.

They say, if you don’t want to give it back in an amicable way, then we’ll go to court.

Therefore, in our view, although the Supreme Court decision described should serve as a guide for resolving issues in similar cases, courts should carefully consider each case, based on constitutional principles."

General Director of the Consulting Center for Shared Construction and Real Estate Anna Maksimova: “This is a revolutionary decision of the Supreme Court, contrary to all previous practice. Nevertheless, I don’t think that all courts will now make such decisions. Everything will depend on each specific situation.”

Text: Vyacheslav Bereznichenko Collage: Tatyana Voronina   

Children's rights when parents divorce

Ermilova Natalya Pavlovna

17.12.2005

Published: “Cool Hour” Magazine

The article is devoted to the rights of a child in a situation of parental divorce: property rights, the right to communicate with relatives, the right to alimony and a number of others.

Usually, family breakdown or divorce is a difficult and painful situation for all its participants. Adults can arrange their lives as they see fit, the main thing is that children suffer as little as possible. The legal rights of the child in the event of parental divorce are protected by current legislation, in particular the Family Code and the Law “On the Protection of the Rights of the Child”.

Features of the divorce process in the presence of children in the family

If there are children under 18 years of age in the family, the marriage is dissolved through the court three months after filing the application for divorce. This is done through the court so that the rights of minors are respected.

The exception is cases when one of the spouses is recognized by the court as missing, incompetent, or convicted of committing a crime for more than three years; in this case, the issue of divorce is resolved in the registry office.

Which parent will the child stay with after the divorce?

The court takes into account the ability of each parent to care for the child, what conditions will be created for his upbringing and development. It matters where the parent works, how much he earns, what the living conditions are, what school the child will go to, what are the opportunities for further education.

In Soviet times, courts almost always left the child with the mother; now more and more children remain with their fathers if they are willing to provide better conditions.

Right to communicate with relatives

The child’s right to communicate with parents, grandparents, sisters, brothers, etc. enshrined in law. Divorce, annulment, or separation do not affect the right to communicate. If the parents cannot agree on this, then they can go to court. A court order may regulate the time, place and duration of communication.

Property rights of the child

The child has the right to personal belongings and to receive financial support from both parents. The child does not have the right of ownership of the parents’ property, and the parents, in turn, do not have the right of ownership of the child’s property.

A minor also has the right of ownership of income received by him, property received as a gift or inherited, as well as any property acquired with his own funds.

The amounts due to the child as alimony, pensions, and benefits are placed at the disposal of the parent with whom the child remains after the divorce, and are spent by him on the maintenance, upbringing and education of the child. Neither parent will be given the exclusive right to dispose of the child's property - they have equal rights.

A child from 6 to 14 years old has the right to independently make small household transactions, that is, ordinary purchases. Upon reaching 14 years of age, a minor receives the right to independently manage his earnings, scholarships and other income, such as royalties, and can open a bank account.

Child's right to housing

The child’s right to housing, including in the event of parental divorce, is regulated by the Housing Code.

The child has the same rights that his relatives have in this case - he has the right to live with his family, the right to use residential premises.

If at the time of the parents’ divorce the child has a share of ownership in a privatized apartment, in the event of a divorce everyone retains the rights to their share.

Amount of alimony

Parents can agree among themselves on the amount of alimony; such an agreement is certified by a notary. If an agreement cannot be reached, a decision on this issue is made by the court.

The amount of child support is 25% of the parent’s income for one child, 33% for two children, 50% for three or more children. The amount of alimony may be increased or decreased by the court if the financial or marital status of the parties changes.

The court may establish a fixed sum of money to be paid monthly to the child, or a share and a fixed sum of money in cases where the parent paying child support:

• - unstable income;
• — wages are paid in foreign currency or in kind;
• — there is no salary or other income;
• — it is impossible to establish the share of earnings or the rights of the child are violated.

However, alimony cannot amount to more than half of the monthly income. The decision on the amount of alimony is made by the court when considering a divorce case. It may be revised at the initiative of one of the parties after some time.

What to do if child support is not paid

When a court decides to collect alimony, a writ of execution is issued, which must be submitted to the bailiff service at the debtor’s place of residence. Bailiffs are responsible for monitoring the execution of a court decision.

In case of non-payment of alimony, a statement about this is submitted to the bailiff, who must take action. Usually he transfers the writ of execution to the enterprise where the debtor works, and the accounting department deducts the amounts due from his salary.

Of course, in a divorce situation, it makes sense to consult an experienced lawyer. When the decision to divorce has been made, the issue of the child’s rights must be clearly and competently resolved. A lawyer will help you act from the standpoint of the law, and not based on violent emotions.

It is better for ex-spouses to agree on everything before the trial and prepare an agreement on the main issues - with whom the children will remain and how alimony will be paid. The issue of division of property can be resolved later - the statute of limitations is three years.

1. Natalya Pavlovna Ermilova,
2. lawyer of the NGO "Sutyazhnik"
3. Share on social networks:
4.   Diaspora*

Comments:

1. Anonymous — 16.04.2010 05:17:19

The apartment was bought in a joint marriage, after the birth of a son, the husband left for someone else, sold the car and garage. He hasn’t paid child support for five years. What are my steps in a divorce?

2. Nimfa