Section of an apartment between former spouses

Even yesterday, happy to impropriety at the weddingphoto, today they are irreconcilable enemies. "Almost former" husband and wife will take part in their own divorce proceedings, which will have to resolve such an important issue as the division of property. The apartment is the stumbling block that causes a flurry of mutual insults, reproaches and insults. It is housing that is the most valuable part of the jointly acquired good, and each of the spouses certainly claims to have a large part of it, experiencing a great desire to leave the opposite side with nothing.

It would seem that the law gives a clear and exhaustivethe answer regarding the conjugal skarba - everything is divided strictly in half, including the apartment. However, in practice, everything is much more complicated, and on the way of sharing there are all kinds of obstacles and difficulties. The living space is not a pie, it will not be possible to cut it into equal parts. Section of the apartment can be delayed for a long period, especially if there are objective reasons for this.

If, for example, the living space is municipalproperty, it is not subject to division a priori. There are problems with the privatized apartment. In those cases when it is registered with one of the spouses, even though it was acquired in the marriage, it will not be considered a common property anyway. The right to share the wife is only if the housing is privatized for two, which is what the relevant documents must be submitted. To avoid such a painful issue as the division of an apartment, it did not arise at divorce, it is best to formalize a so-called marriage contract or property sharing agreement before its conclusion, which, unfortunately, is not very popular today.

In principle, the wife and husband have every rightto share their living space by mutual consent and at their own discretion - to go the so-called peaceful way. However, most couples are not in a hurry to take advantage of this right, as a result of which, after the divorce, the couple file an application for the division of property, after which litigation begins that takes sometimes quite a lot of time. True, civilized and retained the remnants of the former respect for each other, former couples sometimes find acceptable ways to solve the problem.

For example, a section of an apartment can be implementedby exchanging it for two or, say, an apartment and a room, if a mutual agreement is reached in this matter. Some former spouses decide to sell the disputed living space in order to divide the amount received. Also, in principle, an option that has the right to exist. After all, many married couples have not only a common living space, but also "co-acquired" children who experience unbelievable heartache from the kind of hostile attitudes that have reigned today between the equally beloved mother and father. Of course, the division of the apartment and the protection of one's own interests are important issues, but not to such an extent as to make the relatives, loved ones and once so dearly loved people suffer.