How does an unprivatized apartment share in a divorce?

The former spouses often have an apartment in dispute, but how can it be divided in a given situation?

How a privatized apartment is divided upon divorce

Its section can be implemented in several ways, namely:

• By agreement of each of the parties;
• the shares for the real estate;
• With the help of a court of law.

Where spouses have participated in the free privatization programme, each party has a share in the property in question and the section is therefore implemented.by their sharesIt should be noted that no one is entitled to claim the share of either spouse or child.

After divorce, each of the parties has every reason to dispose of its own part, namely:

• Sell;
• Surrender to short-term or long-term leases;
• Give it to someone.

If the children were involved in the privatization process, their parents (spouses) have no right to claim their share in the divorce, as their share is the child's personal property.

The judicial authority is fully entitled to decide in favour of an increase in the share of one of the spouses only if:

• If he or she is disabled, and this is confirmed;
• After divorce, the minor child remains in one of the spouses, in favour of which the share can be increased;
• A child with disabilities remains with one of the parties;
• The spouse is pregnant or on maternity leave;
• The spouses have a marriage contract or an agreement.

If the apartment has already been privatized before entering into an official marriage, it does not take part in the division upon divorce and stays with its full owner.

If one of the spouses in the process of privatization decides to reject the other spouse, they are not entitled to claim a share in the apartment in the event of divorce.

Part of the non-privatized dwelling

It's impossible to divide an unprivatized apartment in a married couple's divorce.Since it is the property of the municipality, it is not owned by either party in simple terms.

• This situation is provided for in article 6 of the Housing Code of the Russian Federation, which reads as follows:
• Citizens who are not family members of the tenants under a social employment contract but who continue to live there then enjoy the same rights and obligations as the direct employer.
• Therefore, if the spouses are divorced but continue to live together in such an apartment, each of them must pay for the dwelling.

Does the apartment share a gift in divorce and how?

Despite the fact thatThe distribution of gifted property is prohibitedthere are some so-called loopholes through which this division between spouses can be achieved.

Thus, it is possible to divide the assets received under such conditions as:

• The second party (non-full owner) carried out costly repairs (only for its funds);
• The second side increased the living space for its own money, for example: either the spouse bought an apartment or a house nearby and brought them together.

It is also worth taking into account the fact that a gift dwelling can be divided if the cost of the dwelling has been doubled.

This requires, however, that conditions such as:

• The gift agreement must specify the value of the flat given to one of the spouses;
• A valuation of the property was carried out before the divorce process began, and the cost of the apartment was found to have increased;
• All cheques are available for expenses not only for repairs but also for purchased household appliances;
• There is a discharge from the bank, which is proof that the money was spent on the renovation of the apartment.

Key aspects

But there are several key aspects that can play a role on the other side, namely:

• It was found that there were errors in the gift;
• The spouse ' s incapacity has been established;
• At the time of signing the gift, there was physical or psychological pressure;
• The disgusting state of the apartment before marriage and the excellent post-divorce state;
• a double or more increase.

These nuances can help to ensure that the other party has the same right to an apartment as its owner in a gift.

If this is the case, many factors make it difficult to divide property.

In this case, the Court must resolve several issues, namely:

• Who will remain the owner of the divorce proceedings;
• Who and in what percentage should pay the existing credit obligations;
• I'd like to know who and how much money will have to be paid back for the joint payments.

1. The main difficulty in dividing such an apartment is that, in fact, it does not belong to any spouse in such a situation.
2. Almost everything in this situation depends on the banking institution where she is on bail.
3. The bank may make one of several decisions, namely:

• The dwelling shall be owned by each party, and they shall pay the debt equally, and they shall share it equally after payment of the debt.
• A banking institution gives title to one of the spouses, and the latter not only pays the debt in the future, but also gives the opposite half of its value;
• The bank ' s employees decide to sell the apartment, repay the debt for the money they have earned, and share the rest of the money equally between the spouses.

In most cases, a decision is taken on the first option, which is related to the ease of payment and the absence of risks for the bank itself.

It is worth noting that the apartment, which had been mortgaged before the marriage and had been arranged for one spouse, deserves special attention.

It is only for those of you who are married, but when they are married, they pay the loan together; and when you share the property, you must calculate the amount paid together, and share it equally; and one of the parties must pay the other.

Which property is not divided upon divorce

The type of real property which does not fall within the scope of the section includes:

• property purchased by one of the partiesuntil the moment when he entered into an official marriage, or inherited or donated(with the exceptions described above);
• property purchased for money held by one of the partiesbefore entering into marriageHowever, every effort must be made to prove that the money was available to one of the parties prior to the marriage.

Other types of real estate

Other real estate may include:

• The house;
• Land;
• It's a gift and so on.

In the event that any of the properties on the list were obtained from a gift list, they could be divided only in those cases that had been written in the apartment situation.

There are no exceptions or anything else. All are completely identical to the division of the apartment.

In the event of divorce, one of several ways to divide the apartment is:

• By mutual agreement of the parties (by agreement);
• With the help of a court of law.

Agreement

This means that:

• To reach agreements on this matter for the spouses;
• Ensure that neither spouse ' s rights have been violated;
• To apply to a notary office;
• It is worth noting that a notary ' s agreement will be the basis for this.

The signing of the agreement must also take into account the fact that the living conditions of the joint child must also not be violated, even if the child is not the share owner.

When drafting an agreement, it must be borne in mind that it must necessarily contain:

• Full initials of both parties (each of the spouses);
• The subject matter of the agreement (in this case the apartments);
• The conditions under which property is transferred to the property of one of the spouses;
• Date of the agreement and signature by each party.

A notary seal that gives the document legal force.

We suggest that we look at the universal form of the model of this agreement, which will help us understand what it should contain. It can be seen here.

Court

In addition, a list of such documentation should be provided together with the application:

• Documents confirming ownership of the dwelling;
• The original receipt for the payment of the Minister ' s office;
• A copy of the marriage certificate (if the spouses have not yet divorced);
• A copy of the divorce certificate (if the couple has officially separated);
• A copy of the complainant ' s passport.

It is also worth noting that it may be necessary to attach additional documents to help resolve the question of the division of the apartment, as follows:

• cheques;
• The documents on the equipment purchased and so on.

When applying to a court, it must be borne in mind that it is not necessary to ask the court to divide the rooms that are in the apartment.

The process of partition is to assign a specific percentage to the square of that property.

For example, the apartment has an area of 113 square metres, divided into three (2 spouses and a child), each with a capacity of 37.6 square metres.

Account must also be taken of the fact that a claim must be paid before it is brought before a court of law.Yes, sir.It is not appropriate to consider all the percentages, but only those relating to apartments:

• At the cost of an apartment between 200,000 rubles and a million rubles, the government service amounts to 5,200 rubles. + 1 per cent of the cost;
• At the cost of more than a million rubles, the government is equal to 13,200 roubles + 0.5 per cent of the cost of the apartment, but the maximum size should not exceed 60,000 rubles.

You can pay the government service at any bank office or through the State Services portal.

As far as the lawsuit itself is concerned, you can look at the sample here.

Legal services, cost, duration of separation

In each region, the price of legal services varies slightly, so consider the average cost of services in the territory of the Russian Federation.

Name of legal services Cost of service

Oral consultation on the distribution of property	From 1,000 rubles
Written version of the consultation	From 5,000 rubles
Protection of interests in the division of an apartment in a court of law	At least 40,000 rubles
Representation of interests when signing an agreement	Between 0.5 and 1.5 per cent of the cost of the dwelling to be divided
Collection of the necessary documentation for the court	Some 4,000 rubles.
Submission of a claim	From 6,000 rubles

With regard to the timing of the division of the apartment, when signing the declaration, the document shall enter into force as soon as it is signed.

If the case is resolved by a court, it may take between one month and three months, depending on the requirements of each party.

Examples from practice

In practice, questions about the division of apartments in court are often decided upon, and we would like to refer to the court ' s decisions by way of example:

You can look at example number one here.

A selection of solutions is here.

Question-and-answer

My husband and I are officially divorced, but that's what we live together, and recently an apartment was purchased in the name of an ex-husband, while he just pissed me and the baby.

If an apartment has been purchased after divorce, it is necessary to prove that it has been bought for a share of the money, or that it has been invested in it.

In the present case, the apartment has nothing to do with the spouse, since his part of the money was not involved, nor was he.

Advice to a lawyer on video

A lawyer at the All-Russian Family Law Centre explains the nuances of the division of the apartment.

Partition in the divorce of a privatized dwelling

We need to figure out how to divide a privatized apartment in a divorce, and in the meantime, the couple got private property, hoping that this apartment would be a home for a big family, but not always the way it was planned.

At some point, the marriage actually ceases to exist and the divorce process is taking place.

In these circumstances, how to decide on the fate of real estate? How does the division of such privatized apartment take place after divorce? Who will own the dwelling later? The answer depends on a number of specific circumstances.

To whom the apartment belongs

Before considering how to deal with this situation, it is important to understand what exactly, to whom and in what situations should belong.

First, it should be noted that privatization itself could take place in different ways, with several different options available.

1. A dwelling privatized by one of the spouses before the marriage, after which the privatized dwelling must also remain with him, the grounds for registration of the husband or wife in the dwelling being marriage; however, after its termination, such grounds are no longer valid and he must be required to leave the apartment.
2. The privatization was carried out by both spouses after the marriage, in which case the joint ownership of the apartment would be required; if the marriage was terminated, the property would have to be divided between the owners in one way or another.
3. This case is somewhat similar to the previous one. Only here does it mean that when privatization is carried out, one of the spouses has refused to take part in it. In this situation, the apartment is left entirely to the one who took part in the privatization. The person who refused to take part is entitled to permanent residence in the dwelling.

All of this has an impact on the way the privatized apartment is divided.

What's common property in a marriage?

In some cases, the property (also privatized at that time) obtained during marriage is common property; in many cases this is the rule.

But this is not always the case.

Some situations where one spouse ' s property is not common:

1. In a case where some value did not cost them a penny, that is, if the apartment was given to the married person, she would remain his property after the divorce; the other spouse is not entitled to claim it.
2. If certain property was acquired before the marriage took place, the owner of the marriage will not change at the dissolution of the marriage.
3. Some types of property may be classified as personal property; if they do not involve any luxury items, they do not become common property of both spouses.
4. All intellectual property also remains personal property in divorce.

If there is a repair or any improvement in the dwelling, it will be a cost; if there is a marriage, there will be a joint form of ownership of the said repair or improvement; and this is independent of the right of ownership of the dwelling.

There's another point in determining ownership.

If the property is owned by both spouses, it may not only be joint property but may also be shared; the difference is that in the first of these cases neither the monetary portion of each is allocated nor in kind.

The latter may not be available in any dwelling, but it is necessary for certain requirements to be met in the dwelling in question.

If there was no privatization, the unprivatized apartment would not be divided upon divorce.

How to Segregate Real Estates

How to divide the property of the spouses, which is a joint property, in the event of divorce, may be considered in various ways.

A good option was possible when the husband and wife had been able to negotiate; if such a situation had arisen, they could pre-distribute the property to be divided.

There are certain requirements for such a document:

1. It is necessary to reach an agreement on the division of property (including real estate) before the divorce takes place directly.
2. The agreement must be in writing. It's just that oral agreements aren't enough.
3. The document must be assured from the notary; this is not a prerequisite; however, in the event of a conflict, a certified document will avoid many possible problems.

It's the calmest option, but what if it doesn't work out and it's necessary to separate the property, how do you divide the privatized apartment in a divorce?

One commonly used method is the use of a marriage contract.

He is not imprisoned during the divorce process but much earlier; in most of these cases, such a document is signed at the time of the marriage.

With regard to the distribution of the spouse ' s privatized dwelling, the agreement may specify any shares of real estate.

If they both sign such a document, the distribution of property will be in full compliance with it.

The question now naturally arose as to what to do if, while the apartment had been privatized, agreement had not been reached and was not foreseen in the future if the owner did not seek an agreement; in such cases, the issues should be resolved through the courts.

Although this method of dealing with cases is largely universal, there are certain specific points in considering the division of the privatized apartment.

• The separation of the joint property in the marriage;
• one of the spouses claims for the whole or part of the other spouse.

You can divide the apartment in another way sometimes. It's about transferring the joint property to the joint property. What's the difference between them? In the first case, a few people own the same property. Each of them owns the whole apartment at the same time. If you share the property, there are two options.

In the first of the cases under consideration, it is about the allocation of the value share; in principle, it is very similar to the joint property; however, in estimating the shares that belong to each of the spouses, the monetary value is given in percentage terms.

The other option concerns cases where the share is allocated in a natural way; in fact, the part of the dwelling suitable for housing is allocated as a separate property; this may not always be the case.

This should include one or more rooms that have separate exits and are completely isolated from other accommodations in a given apartment, without the need for a separate toilet or bathroom.

In this case, accommodation may be provided on the application of both spouses.

In order to complete this process, it will be necessary to register in Rosreister for new properties that have occurred after the separation of the former apartment.

Litigation

A package of documents must be prepared before going to court.

It includes:

• Certificates of ownership of the dwelling;
• A certificate confirming the divorce;
• If there are children, their birth certificates will be required;
• The marriage document;
• Passport;
• What may be required for any evidence in court.

When the trial is over, the case will be decided.

1. In the case of an apartment owned by the second spouse, it may be a matter of allocating a certain share of the property to the claimant.
2. Formation of various shares for a privatized dwelling.
3. One outcome of the process may not be a new distribution of property, but a permanent right of residence in the dwelling in question.
4. In some cases, the granting of a temporary right of residence in the dwelling in question, rather than a permanent one, may be favourably considered.
5. In some cases, the law provided for the husband ' s obligation after divorce to take care of his ex-wife and children; the court could oblige the former husband to buy them an apartment.

If there are one or more children in the family, it is possible that some of them have been involved in privatization; if so, each child has a share in the privatized dwelling in question.

Neither the father nor the mother is entitled to claim it. If a child is left to live with one of the parents in divorce, it becomes the child's responsibility to keep the child's share in the privatized apartment.

What happens if the apartment was privatized only on the husband or on the wife, and the couple has a child?

After a divorce, a spouse who does not have a share in a privatized dwelling loses the right to live in it, but if a child has a child, the situation changes.

There is a statute of limitations, which is set at three years ' notice; the procedure for dealing with such cases provides that the time limit may not exceed 60 days, but it does not refer to the entire trial, and at least one trial in the case must take place during this period.

If, for example, the value of the property in question exceeds 500,000 roubles, it will be necessary to pay 6,600 roubles as well as 0.5 per cent of the excess value over 500,000 roubles.

When the trial is over and the judgement has been issued, it must be filed within 10 days; if the plaintiff disagrees, an appeal may be filed within one month.

Different situations

One possible case is the renovation: if the apartment has increased its value during the period when the spouses were married, they are entitled to a share equal to the value of the said value.

While this calculation is in full compliance with the law, it will require the provision of a wide range of documents.

This is not only about paying for the services involved, but also about justifying the increase in the cost of the apartment.

If the cost of the dwelling has increased significantly, several times, this may warrant judicial review in some cases.

Other situations are that the share in the privatized dwelling may sometimes be increased to take account of certain circumstances.

For example:

1. When a spouse divorces, this is possible if the spouse is disabled.
2. If the child remains with the parent in the divorce, the dwelling is privatized, taking this into account.
3. When the ex-wife is pregnant, she is entitled to an increased share of the privatized apartment when they divorce.
4. If the disabled is a child and he continues to live with his mother or father.
5. In some cases, one of the spouses may not have enough income to secure his or her residence, in which case he or she may sometimes be given an increased share in the privatized dwelling in question upon dissolution of the marriage.

Divorced spouses, if neither of them are the owners of the dwelling, should normally no longer live in the privatized apartment in question.

How a privatized apartment is divided upon divorce

The division of property is one of the biggest dilemmas in the divorce process, which often arises and leads to disputes between spouses. In order to come to a decision on this situation, it is necessary to consider how the division of the privatized apartment in divorce is going.

Legislative framework used in the division of property

The rules of procedure can be found in Russian legislation, in particular in the Family Code. Chapter 7 of this legal act clearly regulates the problem of the legal regime governing the property of spouses, and the most necessary information concerning the division of family property is contained in the following articles:

• Article 34 regulates the concept of joint property of spouses;
• Article 36 refers to the concept of property that belongs to each of the spouses;
• Article 38 describes the process of sharing common property.

Accordingly, these regulations, the property acquired by the spouses during the marriage, are their joint property and must be distributed among them; however, article 36 describes the restrictions on the division of certain property, which will be owned only by one of the spouses and will not be divided after the dissolution of the marriage:

• Property acquired prior to marriage;
• Property that one of the spouses inherited, donated or in the course of a free transaction;
• Personal effects (except luxury goods);
• Intellectual property.

Common property is defined as an increase in original property by the acquisition of movable and immovable property, securities, deposits, etc. from the general income.

At the same time, a privatized dwelling is a special type of real estate, where special rules apply in the case of a division; whether a privatized apartment is jointly acquired property, see article https://realtyinfo.online/5782-kvartarira-razdel-mezhdu-byvshimi-suprugami.

The concept of privatization

An unprivatized apartment is State property and is not to be divided during divorce.

In order to know whether a privatized apartment is divided upon divorce, the concept of privatization must be defined: privatization is a free transaction in which public or municipal property is transferred to the possession of a private person; thus, the privatized apartment is personal property, as defined in article 36, paragraph 1, of the Russian Federation.

The right to privatization can be exercised by everyone living in an apartment under a social employment contract, but only once.

• Joint privatization, where each member of the family has a certain share in the property;
• single-person privatization, where the rest of the living give up the right to an apartment in favour of one person.

Every citizen has the right to opt out of privatization in favour of another person, most often because of the desire to improve the material situation of close relatives, or because the person has the possibility and the intention to privatize another home.

Both options would have different legal implications, including during the division of property.

Joint privatization of housing

This is the most convenient option, because the apartment will be divided according to the shares indicated during privatization. Each of the spouses owns his or her share of the property and the need for a division is no longer necessary. You can find here a description of how to divide the shares in the privatized dwelling.

Segregation of accounts

There is an option where there are no separate shares at the time of privatization, in which case the division takes place on proportional grounds; it should be borne in mind that the owners of the dwelling may be not only the husband and wife, but also their relatives living with them (children and parents), in which case the spouses claim only their shares.

During the judicial division of such an apartment, each spouse ' s share may be changed up or down; the grounds for such action may be as follows:

• One of the spouses is disabled;
• Pregnancy or maternity leave;
• The existence of minor children who will live with one of the spouses;
• The existence of disabled children who will live with one of the spouses;
• The inability of the husband or wife to earn income for compelling reasons.

Uniform privatization

Rights of the former spouse

Divorce is a ground for denying the right to use the property of the spouse who has no right of ownership of the property, and please read here whether it is possible to evict a registered person from the apartment.

So let's look at how the privatized apartment is divided in divorce, if it's owned by one of the spouses, in which case the verdict is clear: all the property remains with the owner.

Thus, when a dwelling has been purchased, donated or inherited before the marriage, there is no reason for the other spouse to expect a share in the property; it is important to remember that registration of residence in the apartment is not a reason for obtaining a share in the property.

Similarly, upon divorce, the right to use the living space owned by the ex-husband or wife is terminated.

Even if housing was privatized during marriage, but only for one family member, it would be sole property and would not be divided.

Options for obtaining a share of property in the case of sole ownership of an apartment

At the same time, and in this case, it is still possible to obtain part of the property, or the right to live in an apartment:

• By agreement of the spouses;
• The marriage contract was concluded;
• through a court decision.

Agreement

The peace agreement is a voluntary and compromise decision by the owner of the dwelling to hand over some of the property to his or her husband or wife, and it is important to conclude it before filing an application with the court.

It is desirable that the agreement be notarized, but this is not a necessary measure.

Marriage agreement

This is the best solution to avoid all kinds of disputes during the division of the privatized apartment in the event of divorce, and it specifies the part of the property to which the husband and wife may claim, and the shares being determined solely by the wishes of the parties.

Trial

If it is not possible to resolve the problem of division of property peacefully during divorce, there is the possibility of recourse to the courts, with the expectation that the possibility of a positive solution is very low and there are very good reasons for obtaining part of the apartment privatized by the other spouse.

There are several possible options for a positive outcome of the trial:

• To receive part of the privatized property owned by the spouse.This option is possible only if the value of such property has been increased from the general account, or the account of the spouse who does not own it and who can document it (main maintenance, balcony construction, etc.) is granted joint property status and is divided between the spouses according to common grounds;
• The right to live in an apartment indefinitely.If the apartment has been privatized on one of the spouses during the marriage, but the other is registered in the dwelling, he shall be entitled to remain in it for an unlimited period of time; however, this does not give him the right to own or dispose of property;
• The court ' s decision to order the defendant to purchase another apartment for the plaintiff if he has no place to live.Used when the husband has maintenance obligations towards the spouse with the children;
• The right to temporary residence in an apartment.It is possible that privatization took place before the marriage was concluded, and the other spouse is simply prescribed in it.

Thus, there are several options for dividing a privatized apartment in a divorce, each case being distinct in its own way and should be dealt with individually.

If you have any questions as to how the privatized apartment is divided upon divorce, ask them in the commentary to the article.

Partition of an unprivatized apartment in the event of divorce

A large number of families in Russia live in municipal housing and do not rush to own it, for various reasons, and no one thinks about it.I don't know how to share an unprivatized apartment in a divorce.The problem is that if a marriage is dissolved, it is prohibited to separate it, and it is not possible to divide between the ex-spouses what belongs to the "other uncle", namely, the territorial administration.

If the couple have an acute issue of divorce and there is nowhere to go, it is important to know in advance which options for sharing the apartment without privatization exist:

• (The larger unprivatized area is exchanged for two small areas);
• Privatization and further division according to the UK of the Russian Federation;
• Refusal by one spouse of claims and modification of the contract with the municipality.

Privatization refers to the acceptance of housing by one or more people, a free-of-charge procedure similar to the purchase of a single-person or equity-based dwelling, with only the difference that the applicant does not pay for a square metre as in the case of purchase from a developer.

The exchange procedure in the 21st century is as rare as non-privatized housing; the privatization of the 1990s has essentially eliminated this form of property; during the difficult years of restructuring, the municipality at various levels has been in a hurry to lose its ballast and to transfer to permanent services public housing.

But what if a couple ended up on unprivatized metres, lived there for years, had children, had a place to live? Sharing – according to the laws on housing without privatization.

Exchange is the simplest option when ex-spouses find the same municipal housing, but separate, and negotiate with their owners, so they want to move in and share a common apartment with them, and we have to bear in mind that:

• The owners of all three apartments must agree to change employers;
• The spouses are obliged to reach consensus and agree to move to the housing found;
• New metrics should meet sanitary requirements and not compromise living conditions, especially if there are children.

What's important is the virtually unsolved problem in the uninvolved apartment – when there are disabled citizens living in it – it can be children under the age of 18, the elderly after the age of 81 with disabilities, mental and physical disabilities; the exchange involves PLO staff; their summaries and "standard" requirements make it virtually impossible for a couple to share a dwelling.

It is absolutely impossible to resettle an alcoholic husband, but the owner of the apartment in which the ex-spouses live may be happy to get rid of the asocial element, go to meet his wife, sign a contract for her, but the municipality in whose jurisdiction he wants to house the unfortunate person will certainly not be happy and will refuse to give him the contract.

The judicial practice of separating such apartments on divorce is not happy either; litigation lasts for years, as the court has a difficult task of taking into account the interests of the husband and wife.

That is why there are so many ex-wives in Russia who are forced to live on one square metre after the divorce.

The outcome of the dispute was not always positive, but could be studied in detail.Free advice from a lawyer, which can be obtained throughonline formor by telephone inMoscow+7 (499) 577-00-25 ext. 532 andSaint Petersburg+7 (812) 425-66-30, ext. 532, will help solve your problem.

Privatization, followed by a section, is the best way out for those who wish to divorce, for which everyone has a share, they get equal rights, and they can easily sell an apartment, and they can buy new meters.

But it's easy if there's only two of them and the apartment is big, and it can make smaller, but quite decent accommodations, but if there's other adult family members, they also have a share, and if there's a child, it's got to have a part of the living space.

All the participants and owners of the dwelling must agree to the sale of the already privatized municipal housing, and if one of them refuses to do so, the apartment is divided through the courts, and the person with whom the children remain is left with the majority of the dwelling.

When only one spouse is present at the time of signing a contract for the employment of a non-privatized dwelling, he or she may, after divorce, refuse to live for the former second half.

A homeless person would have to sue and, if he had no place to go, there was no property for him, the judge could rule on the right to live together; as much as it was psychologically comfortable, another question.

The service apartment is unprivatized and is in the process of being employed by one or both spouses.

In the event of divorce, if one of them (or both) remains in the same place of employment, he shall have his right of residence, and the rest of the family shall leave.

Except that if the ex-spouses continue to work in the enterprise, they will be allowed to reside in the territory or, if they have free accommodation, will be provided with a separate room.

When an employee leaves his or her place of work and leaves his or her place of employment according to all rules, all members of his or her family are obliged to leave an uninvited apartment, even if they have no place to go.

If you have any questions, our on-call lawyer is ready to consult you for free.↓

Is the unprivatized apartment shared upon divorce?

The privatization of the dwelling seems to be a more realistic solution: if both spouses are registered in the apartment and both take part in the privatization, they will be entitled to the joint share of the property; in the event of a divorce, the common property of the spouses shall be divided into equal parts.

As the privatized apartment is divided between the former spouses in the event of divorce, whether their shares are to be divided

After the divorce, not only does he not have the right to share in the apartment, but he must also be discharged from it.

Privatization was carried out on one of the spousesThis type of acquisition of property requires that the second spouse refuse to take part in privatization; on the basis of a notarized document attached to the documents for privatization, one of the spouses transfers his or her rights to the second spouse and one of the spouses becomes the owner and the other is entitled to live in the apartment.

Can you divide a privatized apartment in a divorce?

Privatization is a free-of-charge transaction, since housing is handed over to citizens free of charge; therefore, if a husband or wife has waived his or her right to receive a share of the privatization, they will not be able to claim the other spouse ' s residence in the event of a divorce.

How does an unprivatized apartment share in a divorce?

• The dispute between the employer and the employer concerning the apartment occupied (e.g. eviction or alteration of living conditions);
• The right to use an exchangeable dwelling is challenged in court;
• Recognition of any of the shared apartments as uninhabitable;
• The house in which the exchanged dwelling is located is subject to demolition, refurbishment or major refurbishment;
• Housing in an exchange apartment of a citizen with a severe form of illness in which it is impossible to live together (tuberculosis, intestinal fistula, epilepsy with frequent seizures, etc.).

The division of the privatized dwelling — can the share be deducted

The division of the apartment depends directly on how the apartment was privatized.in-gridandTotalPrivatization: In the former case, there are usually no difficulties, and in the latter case there are a large number of underwater stones which have a significant impact on the separation of the apartment.

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The division of the privatized apartment in the event of divorce

The law was in favour of family members who had voluntarily refused privatization, who had the right to live in such an apartment for as long as possible, but would not be the owners.

They will not be able to sell it, exchange it, or perform other legal acts, and this creates difficulties for the owner of the dwelling and his family.

The first would not be able to sell the apartment because his spouse had legal grounds to live in it, and the second would not be able to manage it, but would only use it as a roof over his head.

Thank you for the answer! The state-owned apartment belongs to the Ministry of Defence, who is his representative, and who can ask us to release her?

The apartment was already served with two children, the children, and I'm on a service order.

Please tell me, do I legally have the right with the children to this apartment (or part thereof) and even how the division of official property is made, and is it produced at all? Or are we gonna stay outside with the children?

Partition in the divorce of a privatized dwelling

You can divide the apartment in another way sometimes. It's about transferring the joint property to the joint property. What's the difference between them? In the first case, a few people own the same property. Each of them owns the whole apartment at the same time. If you share the property, there are two options.

Part of the apartment and other property in the event of divorce

• The dwelling shall be owned by each party, and they shall pay the debt equally, and they shall share it equally after payment of the debt.
• A banking institution gives title to one of the spouses, and the latter not only pays the debt in the future, but also gives the opposite half of its value;
• The bank ' s employees decide to sell the apartment, repay the debt for the money they have earned, and share the rest of the money equally between the spouses.

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How a privatized apartment is divided upon divorce

One thing is certain that the interests of minor children are not taken into account in the section of the privatized apartment; it is better to always rely on the terms of the marriage contract or the agreement on the division of property drawn up by mutual and voluntary consent of the spouses.

Such documents set out in detail all the property that would be available to each of the spouses in the event of a divorce; if the spouses failed to reach an agreement, only the court could decide who would receive the privatized apartment in the event of a divorce.

The courts deal with each particular case, take into account the interests of minor children, their living and living conditions, so that part of the dwelling of the spouse with whom the children live may be increased.

A child ' s share in an apartment can be formally fixed, provided that it is not yet privatized; if the share of the dwelling is privatized for the children, the share of the child in the division of property by the parents in the divorce will not be taken into account and is considered to be the child ' s personal property.

In this case, however, the decision to sell the share of the spouse with whom the child lives can only be made with the permission of the Commission for Minors and the interests of the child.

Part of the municipal apartment in the event of divorce

The specific situation is considered with reference to article 69 of the Housing Code (Part 4), which states that if a person who is not a member of the family of the owner of the dwelling under a social employment contract but lives in it, the same rights and obligations as the employer and members of his or her family are retained.

Options and process for the division of privatized apartments in divorce

In order to know whether a privatized apartment is divided upon divorce, the concept of privatization must be defined: privatization is a free transaction in which public or municipal property is taken over by a private person; thus, the privatized apartment is personal property, as defined in article 36, paragraph 1, of the Russian Federation.

As a divorce divides an unprivatized apartment

There's nothing wrong with the fact that the family lives in a municipal apartment, problems can only arise in divorce, because it's impossible to divide an unprivatized apartment in a divorce because the municipal property is neither owned by the husband nor by the wife.

Features of the division of the privatized apartment in the divorce of spouses in Russia

All of the above regulates the Family Code, namely article 36, which states that:all property acquired by the spouses during the marriage is divided into two equal partsWhat if the property that was privatized during the marriage is owned?

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The apartment was already served with two children, the children, and I'm on a service order.

Please tell me, do I legally have the right with the children to this apartment (or part thereof) and even how the division of official property is made, and is it produced at all? Or are we gonna stay outside with the children?

P.S. The husband is long-term, in three years (45 years) he will retire.

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Legal responses (3)

Dear Tanya, if the apartment is not privatized, it is therefore not the property of the spouses, in which case such housing shall not be divided upon dissolution of the marriage.

Good evening!

I agree with my colleague that since the apartment is not privatized, it is not a joint property and is not shared in the event of divorce.

Once a marriage has been dissolved, you may be removed from your registration, but if you do not have another dwelling, you can sign with your children and live with them, you may apply to the courts for temporary registration, and therefore the right of residence.

As far as your husband is concerned, as long as he is a member of the service, he may use it for the duration of his service, after reaching his penis, provided that he has served for at least 10 years, he has the right to obtain from the State an apartment or the means to purchase it (on the basis of the " Status of the Armed Forces " ).

• Good hour, Tatiana.
• The information you have provided does not help you to understand the legal regulation of the situation:

"The previous story of the unprivatized apartment was similar: if the husband and wife had lived in marriage for more than 10 years and had no children, the wife was entitled to half of the apartment (only to live, without the right to privatization). If there was one child left with the wife and this daughter, they were given the 1st quarry, and therefore the husband was also single room (twin exchange usually).

EmployedThe apartment isn't just family property.- as you say, she'sServiceIt is not subject to any division in divorce, just as it would be pointless to divide an apartment rented by your family under a commercial employment contract (in "rent").

While the Ministry of Defence of the Republic of Kazakhstan has a tendency to provide public housing in any way, no normative justification has been found.