How property is divided during a divorce: we determine the state duty + what documents are needed + which court to apply to + 3 special cases that need to be considered in detail.
It’s worth starting with the fact that jointly acquired property is what is acquired by a husband and wife at the time they are in legal bonds.
But how property is divided during a divorce is regulated by Article 34 of the Family Code of Russia (read more at the link - http://stskrf.ru/34), as well as Article 256 of the Civil Code of the Russian Federation ( http://stgkrf.ru/256)
Jointly acquired may mean:
- any type of real estate;
- stock;
- Bank deposit;
- business;
- auto.
If you are faced with such an unpleasant situation as a divorce, you should know what rules will apply to the division of all assets.
Details on how property is divided in a divorce
Not always jointly acquired can be immediately divided. Especially if it goes through the registry office.
According to the law of the Russian Federation, Article 34 of the Family Code of Russia ( http://stskrf.ru/34), between the former husband and wife, the acquired property can be divided in court within 3 years.
This process is complicated, it is associated with a number of additional conditions, the need to collect a package of documents, to prove one's right to certain things. We strongly recommend that you seek the help of specialists in case you are faced with the need to share property with a former partner.
But for a general acquaintance, let's consider the main details of the case right now!
1. The cost of the state duty.
The amount of the state duty is compiled as a percentage of the disputed value of the acquired property, the former spouses pay it separately. In case of divorce, the state duty is paid in court immediately before filing a claim, and a check for its payment is presented along with the claim package of documents.
Consider the rules for calculating state duty during a divorce:
2. Required documents.
First of all, the most important and first document will be the claim for the termination of the union. This is an appeal to the court, in which it is necessary to indicate detailed information about the case.
Consider an example of a claim:
In addition, the package of documents attached to the claim must include:
- Certificate of marriage.
- Birth certificates of children.
- Income certificates, if we are talking about alimony.
- Check for the paid state duty.
- Written consent of the second spouse to divorce, certified by a notary.
3. What property cannot be divided?
It is important to consider not only how it is divided, but also what things can be divided in general. It is a mistake to believe that when the union is dissolved, everything can be divided.
First, personal property that is not divided upon divorce is considered to be that which was acquired or received before the registration of the union. Mention should also be made of intellectual property and payments for its sale.
Exceptions are items of this type of property, for which there are copyrights of both. For example, the total authorship of the book and the royalties received for its sale.
Let's summarize the information in a small table that clearly demonstrates what types of property are not divided during a divorce:
| Indivisible property | Peculiarities |
|---|---|
| Personal items, clothes, shoes, cosmetics. | With the exception of luxury items, especially if there is a check, as a fact of acquiring the object of donation. |
| Payment for intellectual property. | A fee for a written book, music, films, etc. |
| Indivisible things vital for one of the couple. | For example, a car, if one of the spouses proves that it is the subject of earnings. In this case, it is considered a vital thing, as a result of the loss of which a person will lose his means of subsistence. |
| Insurance payments. | The insurance payment in the name of one of the spouses remains with him in full. |
| Children's property. | Any property registered or purchased in the name of the children. |
4. Where will the divorce take place?
When there is a property claim in a divorce, need to divorce in court you have no other options. Only if the couple does not have children under the age of 18, property claims against each other, you can get a divorce through the registry office.In the same place, a divorce can be obtained unilaterally there if:
- one of the spouses is incapacitated;
- is in jail;
- considered missing.
5. Choice of court.
It is important to understand which of the judicial authorities to contact:
- to the district or city (at the place of registration);
- in the world.
If the spouses are able to resolve everything (namely, the division of property and the issue of custody of children, if any), on their own, by mutual agreement, you can also apply to the Magistrate's Court. The justice of the peace considers all claims, the value of which does not exceed 50 thousand rubles.
If the amount of the claim is higher, then you must contact the district or city. The choice depends on the type of municipal government.
The address of the court you need can be found on the official website https://sudrf.ru/
How is the division made in the presence of minor children?
In the absence of offspring, the court always tries to divide the property shares equally, but if there is a baby, priority is given to him as a minor and less protected citizen.
The division between the spouses is made with the calculation of "two-thirds", where the majority is given to the parent who takes custody of the baby. The fact of payment of alimony by the second parent is not canceled.
Division of property in the presence of adult children
Adult offspring do not participate in the division of the parents' property acquired during the dissolution of the marriage. This is indicated by article 60 of the Family Code of the Russian Federation ( http://skodeksrf.ru/rzd-4/gl-11/st-60-sk-rf)
If children are dependent on their parents, are disabled or incapacitated, then their rights are also taken into account in the division. In this case, the disabled child owns a separate share of the assets acquired by the parents, even if he has reached the age of 18.
The share allotted to such children is given to the custodial parent.
Special cases of division of property in a divorce
1) Debts.
The issue of debts can be attributed to situations of particular importance in the question of how property is divided during a divorce. If one of the spouses had unpaid debts before joining the union, they do not apply to the other spouse. However, when property is divided, a share of the debt may be deducted from what is received.
2) Civil marriage.
The answer is simple - no way. The court does not consider this type of relationship to be a legal marriage, therefore all marital rights and obligations are removed from a couple wishing to terminate the relationship. Each of the representatives remains with his own, the property is not divided, except for the fact of donation, confirmed by a notary.
Divorce. How to divide joint property?
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3) Division of property if people do not live together.
The case when people do not live together, but are still in a legal relationship, is no less important, especially when one of the spouses has acquired property.
After all, the letter of the law says that all square meters purchased in marriage will be common. This means that they will share, regardless of the fact that in fact the relationship could have ended long before the purchase.
In this case, it will be necessary to prove to the court the fact of separation (for more details, see Article 38 of the Family Code of the Russian Federation - http://stskrf.ru/38) You will also need to present neighbors as witnesses who can confirm the fact of separation.
There are situations when, after the expiration of the allotted 3 years for the decision, the jointly acquired property is not divided in any way. How to proceed in such a case?
In the question of how property is divided during a divorce, it is quite possible to figure it out on your own. But in order to solve the problem in practice, it is recommended to use the services of a lawyer, especially if the jointly acquired property is valued at a tidy sum or there are minor children in the marriage.
It is also important to remember that during the divorce process, you have to pay a state fee and the process is given no more than 3 years.
Divorce is quite common in our society. There are a lot of questions that arise in connection with this unpleasant procedure. The entire divorce process is limited by the laws of our country. In accordance with the law, the division of property in a divorce is also carried out. Only everything acquired jointly over the years of life is subject to division. Each spouse receives half. There are some exceptions. One of these moments is the division of property into parts when a family divorces with a child.
Important in considering the issue of division of property in a divorce is the understanding of the term "property acquired during cohabitation." The list of such property is strictly defined:
- all income of husband and wife (salary, income from business);
- property that was acquired during the stay;
- contributions to various institutions.
You need to know that some items acquired during marriage are not jointly acquired. These include:
- items and real estate that were received as a gift or inheritance;
- things acquired by spouses with funds that were available before marriage;
- various payments;
- items that belong to minors.
In the event of a divorce situation, the best option in the division of property would be a peace agreement between the parties. If it is not possible to agree, then the division will have to be done through the courts.
As a rule, the court divides everything jointly acquired in half. But there are other options that will be discussed in this material. This is the division of property that occurs when people divorce with children. If they remain to live with one of the parents, then the court may increase the share of the property of this person, respectively, reducing the share of the second. At the same time, great attention is paid to the interests of children under 18 years of age.
How is the division of property
In the event of a divorce situation in the family, the question of the division of all acquired is inevitable. And it can be solved in various ways.
By peace agreement
Both parties may, in a divorce, make a division by compiling:
- settlement agreement;
- stipulating everything in the marriage contract.
The marriage contract immediately stipulates the share of each of the spouses in the division of property acquired together. In this case, existing property and that which will appear in the future can be taken into account.
By the tribunal's decision
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If, when using a contract or agreement, the division of the acquired property occurs at the will of each of the parties, then the division by court decision is a compulsory procedure. Such a decision of the issue through the court can take a long time. It all depends on the specific situation. In order for the process to begin, it is necessary to apply to the court with a certain set of documents. First of all, this is a statement. The plaintiff fills out an application in which he must list everything that will belong to him and the other party after the divorce. The application is filled in according to the appropriate sample.
It must contain the name of the plaintiff, the requirements, an indication of the subject of the claim and the grounds. Everything that the plaintiff requires must be documented. An application for the division of property is jointly submitted to the court at the place of residence. The plaintiff also submits to the court a list of all property that was jointly acquired with an indication of the value. It will be necessary to pay the state fee and submit identification documents.
Division of property in the presence of a child
If there are children in the divorcing family, then the division is made only through the court. Such a measure is taken to ensure the care of children. The court is guided by the Civil and Family Code of our country. There is an article in the code indicating the existence of civil rights and obligations for any person, which comes from the moment of his birth. Therefore, he also has property rights. Until the age of 14, children cannot make any transactions with property they own. On their behalf, this is done by parents or relatives. And from 14 to 18 years old, he can carry out all the operations himself, but this requires the consent of the parents.
Based on this provision, many people think that in the division of everything acquired, in the event of a divorce, the child has the right to it. This is not true. Children and their parents do not have rights to the property of each of them. Children's property includes items purchased for their needs. These are clothes, sports equipment, teaching aids, furniture, musical instruments. This also includes deposits opened in the name of children. By mutual agreement, all members of the family use the property of the others. After a divorce, the property of minor children goes to the person with whom they will be.
There are times when the need for certain items is disputed. For example, a computer was once purchased for the whole family. And the need for a computer just to meet the needs of a small person can be disputed. If we talk about minor children, the property remains in their use and is not subject to division. When housing is in shared ownership and children are also equity holders, they have every right to divide the property into their share. At a court session, the presence of a representative from the guardianship authorities is required if a share of the children's real estate, which is either in their ownership or they live in it, is being alienated.
The parent with whom the children will not live is obliged to pay alimony for his maintenance. In this case, the court will divide the property of the parents in half.
Divorce child agreement
When there are minor children in the family, divorce and division of common property is carried out only by court order. For this procedure, one of the parties submits a statement of claim. The court makes its decision quickly and without detailed clarification of the circumstances of the breakup of the family, if the spouses resolve the issue without disagreement. At the same time, a settlement agreement on children is submitted to the court. What is this document?
This document greatly speeds up and simplifies the divorce process. If it contains information that does not meet the interests of the children or one of the parents, then the court may reject such a document. The agreement on children specifies which parent they will live with and the procedure for paying child support to the other parent. This document has two goals:
- determines the future relationship of the spouses;
- defines the duties of parents towards children.
When parents draw up this document, they need to take into account the interests of the little man and his affections. After a divorce, he should receive the necessary development both spiritually and physically. And parents should help him in this, regardless of the fact that they do not live together. An agreement on children is drawn up in writing, setting out all the required points. It must be signed by both spouses. The document requires notarization if it indicates the terms of payment and the amount of alimony. An agreement on children should not infringe on one of the parents, since they have exactly the same rights in relation to children.
Agreement on the division of property
This agreement can be made at any time. For example, at the time of marriage, during a divorce, or at the end of the process. The most successful time will be when the divorce proceedings are underway. The agreement is drawn up when the application for divorce is filed with the court. This will help to avoid paying the state duty, which can be an impressive amount. It is calculated based on the total value of the property.
By concluding a peace agreement during the process, it will be possible to make a division of property. Then inform the court that the disputes between the spouses have been resolved. The document is drawn up in writing and can be certified by a notary. Notary services can be a large amount. Therefore, it is necessary to collect the necessary information before the procedure. An agreement regulating the division of property is easy to draw up, it has the following content:
- The date of the document and the city are indicated, as well as f. And. about. both sides.
- All property acquired jointly is indicated.
- It is prescribed to whom what property will go after the divorce.
- Specifies how the property will be transferred.
- Information is given about property that will not be shared.
- Specifies when the agreement will come into force.
- Additional points are registered and signatures are put.
Adult children who own any property remain its owners even after the divorce of their parents. Such property is not divided. If the children are in shared ownership and have reached the age of majority, they are entitled to participate in the division process.
Attention! Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write a question in the form below:
Jointly acquired is the property that was acquired by the spouses during their marriage, that is, when their joint household was conducted.
According to the law, jointly acquired property is divided.
What property is not subject to division?
- The property that is the personal property of one of the spouses is not subject to division. Such property includes property that was received by one spouse as a gift or acquired with funds received as a gift.
- It is also property inherited by one spouse.
- The property that belonged to one of the spouses before marriage, and also if it was acquired after the divorce, is not divided.
- Property that is in personal use is not subject to division. Such things include clothes, shoes, personal hygiene items, tools for professional activities.
- You can not share children's property. This includes children's clothing, musical instruments, children's books, school supplies, money kept in a bank account in the name of the child. Children's property is transferred to the spouse with whom the children remain to live.
Rules for the division of property
Russian legislation provides for two articles - one article of the Family Code, and the second - of the Civil Code, which give an answer to the question of what is the procedure for dividing property. We are talking about Article 34 of the RF IC and, accordingly, Article 256 of the RF Civil Code.
What do they tell us about the division of property?
Article 256 of the Civil Code of the Russian Federation states that all property owned by the spouses acquired during the period of a registered marriage is recognized as jointly acquired property, unless otherwise established by the marriage contract concluded between the spouses.
Article 34 of the RF IC says that all income acquired separately by each of the spouses, regardless of the method of their receipt, is considered their joint property and it does not matter the fact to whom this property is registered.
In the process of divorce, half of the property goes to the husband, and the other half goes to the wife, provided that, unless otherwise established by the court or the marriage contract available to the spouses.
The division is possible real estate, which primarily include an apartment or a house, a garage or a cottage. Sharing movable property, such as a car. Household appliances, all income from commercial, intellectual, investment and labor activities, non-targeted benefits, securities and shares, bank deposits, luxury goods and jewelry, all of the above were acquired jointly.
There is a situation when the process of dividing property in half without losing their integrity and functionality is difficult. So, it is impossible to split a car, house or apartment in half, since they are physically inseparable property. In such cases, the court decides that the indivisible property is transferred to one of the spouses, and the second is assigned a compensation payment in the amount of half the value of the thing, or instead of this thing, the other spouse is invited to take other joint property.
In order to achieve a fair goal of dividing property, the property goes through a process of assessing its value, usually based on its current market value. At the same time, the spouses can determine the amount of compensation on their own, and if there is no agreement out of court, then an appraiser is called and the court itself determines the procedure for dividing property. Compensation payments can be assigned in installments.
In the practice of property division, such an approach as the sale of property and the division of the amount from the sale in half is also used. Most often, this option is resorted to when dividing housing, cottages or land.
In addition to property, general debt obligations, such as loans, are also subject to halving.
In this case, a renegotiation of the loan agreement will follow.
Credit obligations are either divided equally or transferred to one of the spouses if the given credit property (apartment or car) passes into his possession.
In this case, the second spouse should receive compensation payments in the amount of half the cost of a mortgage apartment or a credit car. And after repaying the loan, he must pay the second spouse half of all those contributions that were paid by them jointly during the marriage.
How can mortgage housing be divided?
The apartment can be divided into shares and also divided into shares and credit obligations.
When the mortgage is paid off, the apartment is registered as common property.
The apartment can be divided by re-issuing a mortgage on one of the spouses. In this case, one of the spouses receives the obligation to pay the mortgage and the right to an apartment. The second spouse does not pay anything on the loan, but does not receive the right to housing. It provides for compensation of half of the half of the mortgage costs invested in an apartment during the period of marriage.
You can sell the apartment and pay off the mortgage debt with the funds received from the sale of housing. After payment of loan obligations, the remaining amount from the sale of the apartment is divided in half. Usually, the mortgaged apartment is put up for sale by the bank in which it is mortgaged.
Such actions are possible upon reaching a tripartite agreement between the spouses and the bank or by a court decision.
When in a dividing apartment the children do not belong to the owners of the divisible apartment, then its division will be made equally between the spouses.
If the children remain to live in a shared apartment with one of the spouses, then the court takes this circumstance into account and its share may be increased in favor of the parent with whom the children remain to live after the divorce.
And when the apartment is registered in the name of one of the spouses, and the second in it is in the status of a user, after its division, the one who was not the owner can be evicted only by a court decision.
It is worth noting that family members who did not participate in its privatization, but had the right to live in it and were registered in it before the divorce proceedings, can have the status of indefinite residence.
There are always certain difficulties with the division of real estate in which minors are located and when the second spouse, with whom children remain after a divorce, does not have his own home. In these circumstances, the court makes a decision aimed at protecting the interests of the children and may force the division of housing in favor of the spouse with whom the children remain.
How will property be divided if only one of them brought income to the family?
The property will be divided in half if the other spouse could not bring income to the family for a good reason. These include childcare and housekeeping.
The division of joint property may take place without the participation of the court and with its participation.
Division of property without trial
The division of property outside the court process is possible if there is no conflict situation regarding joint property. In this case, the outcome of the case is faster and the process of division ends with an amicable agreement between the spouses. An amicable agreement on the division of property within the framework of an out-of-court settlement of this issue is concluded in writing and certified by a notary. It details the shares of each of the spouses, and it must comply with the requirements of Federal Law No. 391-FZ. Only then it has legal force with all the ensuing consequences. If it is drawn up differently, it will not be weighty evidence in a lawsuit if it is suddenly initiated later.
Division of property in court
The division of property through the court is inevitable if the divorcees could not independently agree on the procedure for the division of joint property. A lawsuit is filed with the court and the volume and composition of the divisible property is established in court, it is evaluated, and then, in the civil court process, the share of each of the spouses is allocated, compensation is assigned if necessary.
When dividing property, the court takes into account the interests of each of the spouses and their children and is guided by the principle of equal division of common property, the principle of reducing or increasing the share, while respecting the rights of children and the validity of decisions made.
When can the court increase the spouse's share?
An increase in the spouse's share in the division of property is possible under the following circumstances:
- when there are interests of minors in the case;
- when one of the spouses has a serious illness or is unable to work;
- when there are obligations of one of the parents for common debts.
When can a court reduce a spouse's share?
A reduction in the share of a spouse in the division of common property may occur if:
- the unwillingness of the spouse to find a job is proved;
- the negligent or negligent attitude of the spouse to the existing property has been proven, leading to a decrease in its value, entailing its complete or partial destruction;
- there is every reason to believe that the spouse leads an antisocial lifestyle that contributes to the appearance of the general debts of the family.
How long does it take to divide property?
There is a general rule, defined in Article 38 of the RF IC, according to which spouses can apply for the division of property within 3 years from the moment when one of the former spouses became aware of the fact of violation of his legal rights and interests.
Algorithm of correct actions when dividing property
- Conduct the divorce process legally competently.
- Do not miss the statute of limitations on the division of property.
- Prepare a statement of claim for the division of property that meets the requirements of the court.
- Gather documents and evidence to present to the court.
- Take measures to ensure the safety of shared property during the trial.
- Carefully consider the tactics and strategy of behavior in the process.
- Submit to the court all the evidence available in the case, testimonies, photo and video materials, financial and other documents of legal significance, in essence.
- Take measures to prevent the facts of concealment by the second spouse of common property.
- Ensure that an independent valuation of tangible property is carried out.
- If necessary, ensure that your legal representative participates in the trial.
Remember that the process of dividing property requires a serious study of all the nuances. If you experience difficulties in preparing for this process, you may need qualified legal assistance from a lawyer who specializes in divorce proceedings and property division processes. His participation will allow you to successfully hold a court and protect your property rights and legitimate interests in full.
Most disputes among divorcing spouses arise over real estate. It is understandable: apartments, dachas, houses make up a significant part of joint property, and it is not always possible to peacefully and fairly divide real estate objects.
The basic rules are established in article 39 of the UK and article 254 of the Civil Code. In addition, other rules of law from family and civil, housing and town planning, land legislation regarding the division of real estate are applied.
What real estate can be divided?
joint property of husband and wife is the property that was acquired by the spouses during the registered marriage - houses, apartments, cottages and land, as well as commercial real estate. All of them are subject to division between spouses.
What property cannot be divided?
- real estate received by one of the spouses as a gift, by inheritance, on the basis of any gratuitous transactions;
- real estate acquired by one of the spouses before marriage;
- real estate acquired by one spouse during marriage, but with personal funds available before the marriage was registered;
This case causes the most disputes between divorcing spouses, and requires the presentation of strong evidence that the funds for the purchase of real estate were personal, and not common (or vice versa).
- real estate acquired by one of the spouses during the period of separation, before the dissolution of the marriage. Convincing evidence is also needed here, since the court can recognize such property as joint property and divide it in a general manner.
Dividing property in a divorce
Family law does not establish time limits for the division of joint property. Therefore, the division of common immovable property can be made at the request of a husband or wife ...
- during the period of marriage;
- during the dissolution of a marriage;
- after the dissolution of the marriage.
However, the Civil Code establishes a general limitation period for the division of real estate of spouses - 3 years. The course of this period may begin from the date of registration of the dissolution of marriage in the registry office, or later, from the moment when the spouse found out about the violation of his property rights (for example, he found out about the existence of real estate acquired in marriage, about illegal transactions with common real estate).
The creditor may also submit a claim for the division of the common property of the spouses, if the share in this property is foreclosed - within the established limitation period.
The procedure for the division of joint real estate
Family law allows for a contractual and legal procedure for the division of common property by spouses:
- conclusion of a marriage contract, in which the will of the husband and wife regarding the division of common real estate is clearly expressed - is carried out in marriage.
- conclusion of a written agreement, with the help of which the spouses divide the common property at their own discretion - it is carried out both during the divorce process and after the dissolution of the marriage.
The main condition for the division of real estate in a contractual manner is the mutual consent of the husband and wife on the procedure and conditions for the division of real estate. Even if all the property remains in the possession of one spouse, and the second is left with nothing, there is nothing illegal in this. However, it is worth notarizing both documents in order to avoid disputes and misunderstandings if the “deprived” spouse changes his mind and decides to return his own.
- going to court for the division of common real estate on legal grounds, if reaching an agreement is impossible.
Of course, the contractual procedure for the division of real estate has an undeniable advantage over the judicial procedure, since the divorce process is long in time, procedurally complex, requires financial costs, and is also associated with unpleasant emotional experiences.
In addition, in the courts, the shares of the spouses are determined equal (with a few exceptions), while in the contractual procedure, the husband and wife have the right to determine any shares in common real estate.
Determination of shares in common real estate
The division of common real estate is carried out only after determining the share of each of the spouses in a contractual or judicial procedure.
As stated above, in the marriage contract or agreement, the husband and wife can establish any shares(for example, a wife staying with a child - 2/3, and a free husband - 1/3). The court, on the other hand, proceeds from the principle of equality of the rights of a husband and wife to common real estate, therefore it divides the joint property in half without considering other options.
However, family law provides the possibility of increasing the share of a husband or wife by a court decision in the interests of minor children. The fact that a child lives with one of the spouses is not yet grounds for deviating from the principle of equality. But if this spouse substantiates and proves the need to increase his share in order to ensure the interests of the child, the court may satisfy this requirement.
Reducing the share of one of the spouses is also possible. For example, if the spouse did not participate in providing for the family without good reason, he spent the common property to the detriment of the family.
How to divide common real estate?
There are several options for dividing the common property of the spouses during a divorce:
- Sell common property and share the proceeds from the sale;
- Make a division of the property in kind, according to the shares;
- Retain ownership of real estate for one of the spouses, obliging him to pay the value of the share of the second spouse.
The method of division of common property depends not only on the desire of the spouses, but also on the circumstances of the case, on the requirements of the law, on the decision of the court. And not always the husband and wife are given several options for the section - to choose from.
For example, in some cases it is impossible in kind. may also be impracticable if it is on the balance sheet of the enterprise. It is not always possible to sell a house or apartment, especially if there are several owners of housing on the right of joint ownership. A simple division of several real estate objects (for example, a dacha for a wife, an apartment for a husband) is not always fair.
Maintaining the right to own property and paying compensation can be an overwhelming financial burden. entails certain difficulties, in particular, the need to re-register the loan agreement. And some real estate objects, for example, are not subject to division at all.
In order to resolve such complex and confusing issues, it would be useful to seek the help of a lawyer. Sometimes a fair division of real estate, an expeditious trial and a successful outcome of the case depend on this.
Arbitrage practice
Citizen Kuznetsova O.A. applied to the court with a claim for the allocation of a share in the property acquired jointly with her ex-husband, Kuznetsov V.G. In the statement of claim, she indicated that the marriage between her and Kuznetsov V.G. was registered in May 2012 and terminated in September 2014. A month before the registration of marriage, the future spouses purchased an apartment in Moscow worth $50,000. The purchase of the apartment was executed by V.G. Kuznetsov, but the amount of money missing for the transaction in the amount of $ 20,000 O.A. borrowed under his own responsibility. Repair work began in the acquired apartment, the premises were re-planned, equipped with sanitary, technical and engineering devices. The cost of repairs in the apartment was borne by the wife, Kuznetsova O.A. During the marriage, the Kuznetsovs lived in a rented apartment.
So, the apartment was purchased for the plaintiff's money, Kuznetsova Oh.A. and the defendant, Kuznetsova VG, after the purchase, repairs and redevelopment were carried out in it, sanitary, technical, engineering equipment was installed. All this significantly increased the cost of the apartment.
Plaintiff, Kuznetsova Oh.A. believes that her financial contribution to the purchase of an apartment and the improvement of living conditions is much greater than the contribution of Kuznetsov V.G. However, in the statement of claim, she asked to recognize for her and her ex-husband 1/2 share in the ownership of the apartment. And divide the apartment in accordance with the shares - equally.
After examining the circumstances and evaluating the evidence presented to the court, the court dismissed the plaintiff's claim. In its decision, the court relied on data that the disputed apartment was purchased before marriage and registered in the name of the defendant, Kuznetsov V.G. Since property acquired by spouses before marriage is considered personal, it cannot be divided.
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