Section of the apartment when divorced. Are there any chances?

What should I do if I do not agree with the characters? Divorce? And if there is nowhere else to live? These questions are of concern to many Russians, since the issue of the division of property is very scrupulous. Many people know that everything should be divided in half. But is it all so simple in reality? Let's see how the division of the apartment occurs during the divorce.

By law, as is known, the joint property and, naturally, the apartment, is divided in half between husband and wife. But in fact it is impossible, for example, to saw in half a country house or a city dwelling.

How does the court determine the shares of husband and wife?

Since after a divorce, people who apply for help to the legislature, as a rule, can not agree on their own, the court sets equal conditions, establishing how the divorce will be divided.

1. The court determines the rights of relatives to a particular room in a disputed apartment. Each is assigned the right to use and dispose of a certain part of the jointly acquired property.

2. The law establishes the procedure for cash payments to one of the spouses, if its share was less than half of the total cost of housing. In this case, the owner is paid monetary compensation from the missing amount.

3. Solves options for partitioning property "in kind" or in other ways.

How is the division of property in divorce?

The apartment after an unsuccessful marriage can be shared between the spouses in the following ways.

1. Peaceful option. There is a mutual agreement on the exchange of a common apartment for two others.

2. The section of money received from the sale of an apartment. This option is also organized by the court.

3. Section of the apartment when divorced "in kind." The apartment, acquired in a marriage, is divided, as well as all other property. The court determines the share of the husband and wife, as a rule, they are appointed absolutely equal. The cost of housing is assigned at the market price. An additional appraisal examination may be appointed.

What if the apartment has not been completed yet?

It also happens that the husband and wife started building an apartment or giving, and decided to get divorced. Such an object will also be subject to division, taking into account the degree of its readiness.

1. The court has the right to allocate equal shares of the future house for each of the spouses, proceeding from the technical characteristics of the dwelling. For example, to allocate specific rooms, based on the ability to bring the construction to completion.

2. To divide the building material and the individual constructions of the unfinished building, if the joint construction is unreal.

How does the division of an apartment under divorce occur if there is a child?

It is widely believed that all things are shared not only between husband and wife, but also between children. In fact, the law regulates only the rights of spouses, since children are not related to the purchase of housing. Exceptions can be made in favor of one of the spouses, if he brings up a child, for example, with limited opportunities in health. This will have to be proved in court.

So, if the division of the apartment during the divorce reached the court, then the relationship of the spouses is heated to the limit. In such a situation, unfair actions of one of the parties are possible, therefore it is advisable to impose administrative arrest on housing before making a decision .