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“No, you don’t understand, she cheated on me and generally wiped her feet on me! And now I have to share the housing with her, which I bought with my hard-earned money, equally ?! The listener of Healthy Food Near Me Radio (97,2 FM) was excited. Alas, courts do not take into account arguments like “she’s a bitch” (“he’s a goat”) when dividing the property of ex-spouses.
What is worth knowing, so that in the event of the collapse of family life, in material terms, we will not be left with nothing, we sorted it out with lawyer Victoria Danilchenko.
What should be divided in half
This applies to any property purchased during the period of legal marriage – from its very first day to the last.
“For example, if you bought an apartment right on the day of your wedding, and didn’t manage to make anything together, it will still be considered the common property of the spouses,” explains Victoria Danilchenko. – The same applies to cases where “what are you, we have not lived together for two years.” If the marriage is not officially annulled, everything that he or she has bought in these two years is their joint property. And in a divorce, it will have to be divided in half. Property that is not sawn
- Apartments and cottages that the spouses had before marriage.
- The property that a husband or wife acquired during the marriage, but under a gratuitous transaction, was received as a gift or by inheritance.
A separate issue is privatized housing. It will also not be divided during a divorce, it will remain with the ex-spouses to whom it was privatized. But if the second of the spouses at the time of privatization was also registered in this dwelling and renounced his share of the property in favor of other family members, it will be impossible to write him out of this apartment against his will. Our law thus protects too good citizens from ungrateful relatives.
- In addition, payments such as financial assistance or disability compensation are not considered general income. They are targeted and intended for a specific person.
- You will not have to share personal belongings and property that are necessary for professional activities. For example, a computer that one of the spouses uses. True, disputes may arise here too – if both spouses worked on the computer, the issue will have to be resolved through the courts.
sold inheritance
… Sergey inherited the apartment from his parents. Having married, the young man decided to sell it and buy a new, more modern one. It turned out to be a big surprise for him that during a divorce, a new apartment would have to be divided in half with his wife as jointly acquired property.
Experts suggest that theoretically in such cases it is possible to prove that the new apartment was bought not at the expense of the general money, but at the expense of exactly those that were received from the sale of the inherited apartment. But in practice this is difficult to do. There is a chance if the amount from the sale was deposited into Sergey’s personal account, it was from this account that he paid for the new apartment – and from the purpose of bank payments it clearly follows where the money went. But so rarely does anyone do it.
If the marriage is civil
“If in a civil marriage young people buy an apartment, and then the marriage breaks up, will this housing be shared?” readers ask us. Will not. In this case, the apartment is the property of the common-law spouse who bought it in his own name. In the State Duma, an initiative was discussed to equate a civil marriage with an ordinary marriage in property terms, but this did not end in anything, at least not yet.
How to insure
The law does not prohibit former spouses from reaching an agreement and dividing property in the way that they themselves consider fair. If the ex-husband wants to leave all the property to the ex-wife – no problem. The main thing is that these agreements should be drawn up on paper. And it happens that, having shown nobility at first, one of the couple changes their mind after a few years and begins to download rights.
Alas, at the time of family squabbles and parting, few people manage to maintain sobriety of thought and the ability to share something “justly” there – emotions go wild. Therefore, the main advice of lawyers is that it is better to negotiate at the very beginning of family life, while everything is fine. Let it not look very romantic, but if something happens, it will be possible to part in a civilized manner.
– If you have any property and you believe that it will increase in marriage, do not be too lazy to conclude a marriage contract. This will greatly simplify life and reduce the degree of emotions when parting, – recommends Victoria Danilchenko.
The most high-profile parting of oligarchs
Roman and Irina Abramovich met at the dawn of the dizzying career of the future oligarch. She was a flight attendant, he flew on her flight … Five children were born in the marriage. Irina learned about her husband’s betrayal with Dasha Zhukova from the press. They agreed peacefully, divorced in the Chukchi court, where they themselves were not present, only their representatives. After the divorce, Irina became the owner of a villa and two luxurious apartments in England, a castle in France, and also received 6 billion pounds and the opportunity to use her ex-husband’s private Boeing and yacht indefinitely. I must say that the businessman’s divorce from Dasha Zhukova also went peacefully. According to rumors, the couple agreed on everything even before formalizing the relationship.
Dmitry and Elena Rybolovlev were together since their student years, both doctors, in the late 80s, they began to earn good money at that time by organizing a private clinic. In 1995, Dmitry was already a co-owner of Uralkali and had shares in several other enterprises, and soon the family moved to Switzerland. It was in the Swiss court that Elena filed for divorce. The reason is the numerous infidelities of the spouse. I must say that a few years before this, Dmitry offered Elena to conclude a marriage contract, according to which she would receive 100 million euros in the event of a divorce, but she refused to do this, apparently having a good idea of the actual numbers of her husband’s fortune. After the final court decision, Elena received more than 600 million dollars and two houses in Switzerland. It took several years, during which Dmitry bought up real estate around the world to avoid divorce payments, and Elena tried to prove it by filing lawsuits in the courts of different countries. The couple has two daughters, the eldest owns, among other things, two Greek islands, and one of the most expensive apartments in the world. Elena believed that it was in order to hide expensive real estate during a divorce that her ex-husband wrote it down to her eldest daughter.
Popular questions and answers
“The daughter got married, moved to her husband in a private house. Lived for 22 years. Now they don’t live together, but my daughter still lives in this house. The ex-husband says that the court will evict her. Does he have such a right? The house was his parents, he inherited.
Unfortunately, after the divorce, he has the right to raise the issue of evicting his wife from this house as a former member of the family.
“The brother is not on very good terms with his wife. He had the imprudence to buy an apartment and write it to his wife. But he signed a loan agreement with her. Will this help my brother in a divorce to sue the apartment for himself?
No. Until they divorced, their common property is not only an apartment, but also all the money earned during the marriage. It does not matter if, say, the husband works, and the wife sits with the children. The law assumes that both spouses somehow contribute to the common family economy. Therefore, the loan agreement concluded with the wife does not make any sense: the borrowed money is still common according to the law. Now, if it was not the husband who lent the money to the wife under the contract, but, say, the husband’s brother or some other relative, then this could become evidence that the wife bought the apartment with other people’s money.