The gift apartment is divided. Gift certificate in divorce: how is property divided? Peaceful solution to the housing problem
In the article "" we mentioned that in addition to common property husband and wife, to be divided between them in the event of a divorce, each of the spouses may have personal property, to which no one has the right to claim. Such property includes apartments that were received by one of the spouses as a gift or by inheritance.
Apartment as a gift. Is the donated apartment divided?
The donation of an apartment is a gratuitous transaction in which the donor transfers the apartment to the property of the donee without any remuneration on his part.
Most often, such valuable gifts are preferred by close relatives - parents, children, grandparents.
If the apartment was received as a gift from a relative, you do not have to pay tax. If an apartment was donated by an outsider, the gifted person must pay a tax to the state - 13%. You will have to pay the tax again if the apartment received as a gift is sold if it is sold within 3 years from the date of receiving the gift.
An apartment received as a gift by a husband or wife is his personal property. Moreover, it does not matter whether the apartment was donated before marriage or during the married life of the spouses. The donated apartment is not subject to division in a divorce.
Even if during family life the second spouse was registered in the spouse’s personal apartment, even if he lived in it for many years, after the divorce, the owner of the apartment has the right to evict the spouse from it.
However, there are exceptions. You should consider the situation when the apartment was presented to both husband and wife at the same time. For example, for a wedding, a young family is often given housing. Of course, in this case, no one even allows the thought of a possible divorce, so the ownership of real estate is registered for two spouses. In this case, the donated apartment is shared, and upon divorce, it will be divided between the spouses into equal shares.
What is an inheritance? Is an inherited property subject to division?
The transfer / receipt of property by inheritance is another gratuitous transaction. After the death of the testator, the property can become the property of the heir ...
- according to the will (if the heir is indicated in the will drawn up by the testator);
- by law (if the heir has the right to receive an inheritance in the order of priority provided for by family law).
The rule of undivided personal property also applies to hereditary property. Regardless of the method of transferring / receiving an inheritance, the property received is the property of the heir and is not shared with the husband or wife.
However, both modes of inheritance can be considered in more detail.
By law without a will
Each spouse can inherit real estate from a relative. If the deceased relative did not leave a will, inheritance takes place in accordance with the provisions of the law - in turn.
If only the husband or wife is the heir, this property is personal and is not divided in the event of a divorce. But it must be borne in mind that two spouses can simultaneously act as heirs - a husband and wife, for example, as parents after the death of a child. However, in this case, the inherited property will be in equity joint ownership- each of them will be the owner of a certain share. Moreover, it is possible that among the heirs there will be other relatives of the deceased, endowed with the right to receive an inheritance by law.
By will
If one of the spouses, husband or wife, is indicated in the will, he becomes the full owner of the bequeathed property. The second spouse is not entitled to claim it, even if the inheritance occurred during the marriage.
But cases are not ruled out when both spouses are indicated in the will - the law provides every citizen with the right to bequeath his property to any person or several persons at his own discretion. If the heirs under the will are both spouses, they become co-owners of the bequest. Then the property is subject to division between them and other co-owners.
Is it possible to divide a donated and inherited apartment? When a private apartment becomes shared
So, a donated or inherited apartment is personal, not common property precisely because the general, family money was not spent on its acquisition.
But family money could be spent on redevelopment, repairs, technical equipment of housing. In addition to money, the spouses could spend their time and effort on improving the apartment. If from the investments of the general Money and the efforts of the spouses, the apartment not only became more beautiful and comfortable, but also increased in price, it is worth fighting for recognition of its common property. How?
Only the court can decide whether or not to recognize the personal apartment of the husband or wife as the joint property of the spouses. So there is no need to go to court.
A spouse who claims a share in an apartment owned by the second spouse under a donation agreement or an act of inheritance must file an appropriate statement of claim. It must be accompanied by evidence of:
- How did the improvement of the apartment take place?
- how much total money was spent;
- how the cost of the apartment has changed from the moment it was received as a gift to the present moment.
Such evidence can serve as contracts for the performance of repair work, checks and receipts for the purchase of construction and finishing materials, technology, appraisal of the cost of the apartment before and after the improvement, testimonies about the time and effort of the spouses. Frankly speaking, the collection of such documents, the process of proving and the litigation itself is not an easy and unpleasant event. To assess the chances of success, you should seek advice from lawyers, they will also help to collect required documents and provide support in court. Remember that on our portal you can get free legal advice on the division of family property.
If the court, having considered the evidence provided and after hearing the testimony of the parties, recognizes the apartment as joint property, it will be subject to division between the spouses into equal parts.
How else to achieve the division of a donated or inherited apartment?
Another indispensable way to achieve the division of a donated or inherited apartment is to negotiate amicably.
In some cases, the owner of the apartment himself does not want to deprive the spouse of the right to housing. Although officially, according to the documents, the apartment is his personal property, for many years life together it means something.
Divorcing spouses may enter into an agreement, the terms of which will provide for the division of a donated or inherited apartment. True, this beautiful gesture can turn into disappointment after a while. The owner of the apartment may change his mind, and the recently drafted written agreement will not be legally binding. The law is on the side of the owner.
If the spouse, in whose personal ownership the apartment is, is really determined to share it, he can conclude a donation agreement with the spouse. Or sell your apartment and purchase one or more other apartments instead, registering them as joint or personal property of each of the spouses.
If the donated or inherited apartment is not the only dwelling of the spouses, it can be left to the owner, and another apartment, even if it is joint property, can be transferred to the second spouse.
In conclusion, I would like to note that there are chances to divide an apartment owned by one of the spouses under a donation agreement or by inheritance. The best thing is to look for opportunities to negotiate peacefully. Otherwise, you will have to go to court, which is long, expensive, troublesome and, unfortunately, not always effective.
When heirs or beneficiaries are both spouses
As mentioned above, spouses can receive an apartment as a gift together (for example, for a wedding). Together they can also receive an inheritance (for example, after deceased children). This housing will belong to both of them on the right of joint ownership. Accordingly, in the event of a divorce, housing will be subject to division in proportion to the shares.
Help of a lawyer
The division of real estate after a divorce is an extremely tedious and not always pleasant event. Practice knows many cases when, in the process of sharing, the spouses quarreled, injured each other, wrote statements to the police, and even damaged property. Aggressive actions do not lead to good. The division of property without a lawyer ends in a disastrous result and never benefits the parties to the conflict.
In the conditions of market relations and an increase in the income of citizens, spouses acquire real estate, donating an apartment is no exception. However, when the “marriage cracked” and divorce “loomed” on the horizon, the most unpleasant procedure begins - the distribution of property. Should a donated apartment be shared during a divorce?
It is impossible to answer it unequivocally due to the fact that there are a number of conditions that determine the division of a gift apartment. Only with their consideration can this procedure be carried out.
The article will tell the reader in detail about all the nuances of the issue, explain the procedure and solution controversial points. It will also give answers to the most popular questions regarding the section of donated real estate.
In this article:
Gift apartment during a divorce: general principles for the division of real estate
Let us formulate several important definitions. This is a unilateral transaction in accordance with which a person (the donor) transfers to another person (the donee) a clearly defined property (Article 572 of the Civil Code of the Russian Federation). In the legal literature, this legal relationship is also called a gift agreement.
Its peculiarity is that one party transfers to the other the property belonging to it free of charge. The donee must accept (refuse) it in return without making any retaliatory actions or payment.
Almost anything can be donated, including shopping centers, enterprises, shares, banknotes. In our article, we will focus on real estate donated at the conclusion of marriage and in the process of it.
The living space is presented as a gift before the wedding itself, during the marriage or later. Is the gift apartment divided during a divorce? Let's see if the partition is possible in this case in principle. It should be understood what can belong to a married couple and under what conditions.
In accordance with applicable law, this may be:
- joint property;
- personal property.
Each of these varieties has its own order of ownership and disposal. By adhering to the current legal norms, it is possible to resolve the disputed situation without any problems in the future.
joint property
Everything that is acquired by both spouses in the process of legally registered family union fits this definition (Article 34 of the RF IC).
This may include:
- residential and non-residential premises;
- cars and other vehicles;
- profit from business and savings in banks;
- decorations;
- winnings;
- shares in authorized capital and securities.
By law, joint property can be used by husband and wife on equal terms. The same principle applies to divorce proceedings.
All acquired is divided by means of an agreement between the spouses or through the court, according to the formula 50% to 50%. Each of them owns exactly half of the property acquired in marriage.
Not all property can be classified under the definition of common.
Spouses' personal property
Its classifying attribute is time, and under what conditions it was acquired by one of the subjects of marriage.
Article 36 of the RF IC gives a definition - this is all that:
- purchased before registration family relations;
- donated by third parties;
- received by inheritance (by law or will);
- personal items - clothes, shoes, except precious stones and gold jewelry, luxury goods, and copyrights.
When the family breaks up, it remains with its owner and is not divided. However, there are a number of points on which all gifts can also be classified as jointly acquired.
How to arrange a donation of an apartment in marriage
The donation agreement must be registered in Rossreestr and concluded in writing. non-compliance given condition may have Negative consequences up to recognition invalid contract.
Such gifts are usually given in two ways:
- at the wedding;
- in front of her;
- during family life.
The main advantage of the legal relationship under consideration is that the gift refers to personal property and in most cases does not fall under the division during a divorce, as well as a gift to close relatives has a preferential tax burden.
When this happens between mother, father and children, husband and wife, then paying 13% tax (personal income tax) is not required.
Gifting an apartment at a wedding
Parents, in order to equip family life young, create favorable conditions for them living conditions.
At the same time, everyone intuitively understands that married life does not always go smoothly and divorce is not excluded. Therefore, they resort specifically to donation, which will save one of the parties from the possible claims of a husband or wife during divorce proceedings.
The main criterion here is the fact of marriage in the registry office. The duties and rights of a husband and wife arise precisely from this moment (Article 10 of the RF IC). However, they only take effect next day(Article 191 of the Civil Code of the Russian Federation). You also need to consider how everything was framed - for two or for one person.
When an apartment is given to a future husband or wife, it is considered personal property, and not subject to division in divorce.
If both, at the time of marriage, then the second party is obliged to pay 13% personal income tax, since it is not a close relative of the donors if they are the spouse's parents.
In any case, it is advisable to discuss such gifts in advance and arrange them properly.
When giving in person
In this case, the owner of the property is the one to whom it was presented. The residential area will belong to the right of personal property.
The second spouse can use it, but not dispose of it. For example, the husband was gifted an apartment before marriage, in which the family lives - the wife can live in it, use all its functionality until they get divorced.
However, with the dissolution of family ties, the wife cannot claim her. She will be required to leave it voluntarily. If he refuses, everything will happen in judicial order.
Is the property donated in marriage during a divorce divided: when can it be divided, and when can not
The legislation also provides for such cases - when the second spouse may have the rights to this housing.
This is possible with certain conditions, namely:
- Joint money earned by spouses was invested in the property (repair, redevelopment, technical re-equipment).
- A joint privatization of a residential facility was carried out.
- Given at a wedding, but issued to one of the spouses.
- Housing was sold in marriage, but another was bought instead.
- Money was donated, and then another living space was purchased.
In each of the cases, there must be a number of grounds, according to which they will receive legal support. Without them, it will be impossible to claim anything. We will talk about this below.
Repairs in the apartment were made for the general money
Here it is important that changes made improved the market value of housing significantly increased their functional features, and, of course, the invested funds were common.
There should be checks and receipts for the work performed, contracts concluded with construction companies, the contractor.
It should be understood that when there are no supporting certificates (documents) and the cost of the dwelling has not improved, this will not be a reason to recognize the property as jointly acquired.
Witness testimony is not considered in this case.
If the apartment was presented at a wedding, but issued to one spouse
There is an opinion that if there is a confirming fact of giving a gift to both young people at a wedding, then regardless of who it is issued to, everything will be considered jointly acquired.
This argument cannot be accepted. A priori, a donation agreement has greater legal force than an oral one. For example, at a wedding they say, we give an apartment to you, and draw up for one of the spouses, then this will be his personal property.
After all, according to the law, a donation transaction of an apartment must be registered (clause 3 of article 574 of the Civil Code of the Russian Federation).
However, under such circumstances, the second spouse has the right to challenge the donation transaction. But this must be done within one year (clause 2, article 181 of the Civil Code of the Russian Federation). Agree, rarely does anyone have such thoughts at the beginning married life.
The gift apartment was sold in marriage and another was bought
It all depends on whether the general money was added to another living space or not. If they went from family budget, then the other spouse is entitled to part of the property.
At the same time, it is useful to indicate in the contract of sale that the calculation is made with money received from the sale of the donated apartment and at the expense of joint savings.
Will play a role and their volume. During a divorce, the market price of housing is set, which part of the calculations was the total money. Based on the amount, the amount of monetary compensation for the husband or wife is calculated, taking into account that they belong to the spouses in equal shares.
For example: a “odnushka” was sold for 1 million rubles. To this money was added 500 thousand rubles from the total budget of the newlyweds. The second spouse, upon divorce, has the right to receive a share in the premises equivalent to 250 thousand rubles.
Parents donated money for an apartment under a donation agreement, how to divide it
This case is often dealt with in courts.
When relatives donated money for the purchase of housing, while concluding a donation agreement in the appropriate form (written), the purchased residential property will be considered the property of the spouse to whom the finances were intended (donee) - since there is a unilateral gratuitous transaction.
At the same time, in the contract of sale, it is also desirable to indicate that the payment for the apartment is made with money donated by the parents.
Provided that there is no evidence that they were handed over as a gift - without the appropriate legal registration Everything is considered jointly acquired. In a divorce, the other party has the right to sue ½ of the apartment.
Can children claim a share in donated property?
They cannot count on part of the housing during a divorce, since they are not the owners and it was not given to them. The child is not a party to the legal relationship this case. He only has the right to use and live.
When the living quarters belong to his mother or father as personal, he may be registered there or be obliged to sign out with the involvement of guardianship authorities. This government agency ensure that the rights of minors are not violated.
How to share a gift apartment during a divorce: 4 popular questions
When such a situation arises, people begin to worry about a lot of questions. They are primarily due to the fact that no one wants part of the donated property to go to another person.
What people are most interested in:
- Does the fact that children and a second spouse or third parties are registered on the donated living space play a role in a divorce? No, it doesn't matter. In accordance with the law, after the dissolution of the marriage, everyone must be discharged in the prescribed manner.
- It is better to give after the wedding or before it. It does not play a special role if everything is correctly legally framed as a donation.
- What to do if joint money was invested in the living space donated to the husband or wife, but the checks and receipts were not preserved? The chance to prove everything is minimal - you can resort to testimonies, photos and videos. It all depends on the decision of the court, whether he will accept it as material evidence.
- Is it possible to sue the donated housing to the wife? If the donation for an apartment is concluded in the manner prescribed by law, nothing can be done.
We will analyze each question in more detail and give an answer.
What are the rights of a wife to a donated husband's apartment
In this case, a similar situation develops if the mother gave housing to her daughter. When the fact of donating to a spouse was legally correct, a woman has no rights in a divorce.
However, if she manages to prove that she constantly invested her personal money in her arrangement (repairs, redevelopment), and her husband, on the contrary, did nothing, then the woman can claim part of the living quarters in court. For this, you also need to provide checks and receipts.
The apartment was bought with money donated at the wedding and issued to the wife, does the husband have the right
During the wedding, gifts can be presented personally to one of the spouses - while as indicated above, there must be official confirmation of this fact, or both at the same time. As a rule, when giving money in an envelope, guests address it to two newlyweds who are just starting out. family life.
Therefore, when a husband and wife decide to purchase a dwelling for them, even if it was issued to one of them, everything will be considered jointly acquired. Therefore, when the family breaks up, the husband can claim half of the apartment.
Parents want to donate money for an apartment, how to arrange it so that the husband, during a divorce, cannot claim
This is a completely legitimate desire of relatives - to prevent negative consequences. The way out is simple - when transferring money, arrange everything - in writing. If desired, you can notarize the document. This will provide additional guarantees in case of initiation of a statement of claim and resolution of the case in court.
When buying and selling, it is advisable to prescribe in a separate paragraph that the property is purchased with money that was donated to one of the spouses. In this scenario, the other side has practically no options to sue the living quarters during a divorce.
Is a donated apartment subject to division abroad?
It all depends on the legal regime in force in the specific foreign country where it is located. In Russia, this issue is regulated by the Family Code.
In accordance with paragraph 1 of Art. 161 RF IC, property and moral rights the obligations of the spouses are determined by the legal acts of the state where they live and have real estate. If there is no joint place of residence, then where people were in Lately.
talking plain language, everything is governed by the laws of the country where the spouses are registered. If the law of that state allows sharing donated housing, then this will happen.
By donating real estate to the newlyweds before the wedding or later, you can provide housing and create a good foundation for family relationships.
The legal relationship under consideration is the most reliable, from the point of view of the possibility of challenging it in court in the event of a divorce.
However, a number of rules should be followed:
- Comply with the required form of the conclusion of the contract when donating any property or money necessary for its purchase.
- It is advisable to give an apartment before marriage.
- If repairs and significant improvements to the apartment have been made using common money, keep all checks and receipts.
- You should not rush to give property to the second spouse, since when the family breaks up, it will not be possible to return it.
- Document all actions with transferred money or real estate - contracts, agreements.
Subject to these simple rules when donating real estate, the risk of adverse consequences during the divorce proceedings is excluded. It's a pretty safe deal, and when it's done right, the law will be on the side of the person the gift is given to.
The property of the spouses is considered to be common, but when dividing the property, it is necessary to take into account some legal subtleties. For example, many are baffled by a donation in a divorce, since it is not clear how such property can be divided. Indeed, is the gift apartment divided during a divorce?
What is a donation
Most often, you can get property either by buying it or by inheriting it. But there is another way when real estate can be obtained as a property. This is when one party gives a house or apartment to the other party at no cost. That is, the donor does not receive any material reward, and the whole transaction is reduced to the execution of a donation agreement.
Most often, relatives make gifts, but sometimes a donation agreement is used instead of a will, etc. The person who received the property in this way is its sole owner. Even if the gift was made during marriage, the donated property is not divided upon divorce. It does not matter that the family has lived in this apartment for many years. However, there are exceptions to this rule.
joint gift
Why is property received under a gift agreement not subject to division in a divorce? The fact is that in order to get it, the spouses did not spend money. This means that a gift apartment cannot be considered jointly acquired. Another thing is if they spent money together on, say, repairs, redevelopment, etc. If this affected the value of real estate, then one of the spouses has the right to claim part of the donated property. Real estate improvement means:
- repair;
- purchase of expensive plumbing;
- expansion of living space;
- construction of additional outbuildings.
But then he'll have to prove that he took direct participation in housing arrangements. Naturally, the recognition of a joint apartment takes place in court. The claim is filed by the one who wants to divide the donated property in a divorce. And only the court has the right to establish joint ownership. Then the donated property is divided in half during a divorce.
Read also Procedure and terms of registration of a donation agreement
Section of the donation apartment during a divorce
Before going to court, the spouses can try to negotiate amicably. In this case, you can not take into account whether a specific property is divided during a divorce. The law provides for the division of property by drawing up an appropriate agreement. But this method has its drawbacks, for example, the owner of the house may change his mind and take it back. Alas, but then the court will be on the side of the owner.
And if a couple has two apartments or more, then the spouses can agree and divide them among themselves. These are options for a settlement agreement, which, as a rule, is a rarity in the practice of many lawyers. Usually the case goes to court, and the gift apartment becomes the subject of lengthy proceedings. The parties collect documents, look for witnesses, pay court costs, etc.
Section is possible if:
- the deed of gift specifies the original value of the property;
- at the time of the divorce, one of the spouses carried out the evaluation procedure;
- there are all checks and receipts confirming the investment in the property of funds;
- there is a bank statement proving who paid for all the work, equipment, etc.
Spouses who spent money on the repair and arrangement of a gift house or apartment, if the court refuses to establish it jointly, will try to invalidate the gift. But if this happens, then no one will get the property. After all, a gift agreement subject to cancellation automatically deprives the owner of all rights to property.
It is imperative to understand that when dividing such real estate, the law is most often on the side of the owner. But what about the spouse who invested in her arrangement of funds, and after the divorce will be left with nothing? He can demand a refund by filing an appropriate claim. Again, you need to prove the validity of your claims.
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The property acquired by the spouses during the marriage is subject to division upon annulment of the marriage. However, personal property, even when broken marital relations remains at the disposal of the owner. Real estate donated to one of the spouses also falls into this category. The law clearly defines whether a donated apartment is divided upon divorce, and in what cases a husband or wife has the right to claim a share.
What the law says
According to Article 36 of the RF IC, an apartment that has passed into possession on the basis of a donation is considered the personal property of the donee. Can't even claim it legal spouse. In case of divorce, such real estate, in contrast to that specified in Article 34 of the RF IC and Article 256 of the Civil Code of the Russian Federation joint property, is not divided into parts. However, in order for the transfer of residential premises to become legal, it is necessary. The document is drawn up in accordance with Article 574 of the Civil Code of the Russian Federation.
The owner of the apartment must record in writing his intentions to transfer the property to the new owner free of charge, and then register the transfer of property in the state register. After that, the donee takes possession and can use personal property at his own discretion.
The time of transfer of real estate under the donation agreement does not play any role. It does not matter if the apartment was received before marriage or after official registration relations - the owner is considered to be one person indicated as the donee. The owner is not obliged to share property during a divorce in the absence of special grounds.
Attention! If housing is donated by one of the spouses to the other, it is also considered the personal property of the donee and is not subject to division.
When the gift apartment is subject to division
Despite the fact that the donated apartment belongs to the owner’s personal property, in some cases his spouse may qualify for a share in the divorce.
Increase in the value of the apartment
If during the marriage, actions were taken on real estate that led to a significant increase in its cost, the residential premises may be transferred from personal property to the category of jointly acquired by a court decision. To do this, the owner's spouse must prove that he was directly involved in the process of repair or restoration of housing, or invested heavily in it. Similar circumstances are spelled out in article 37 of the RF IC.
Improvements that have increased property value typically include:
- Capital repairs.
- Redevelopment.
- Refurbishment or improvement of the technical equipment of the premises.
- Replacement plumbing and plumbing.
The spouse claiming a share in the donated apartment will have to provide evidence of his participation in the repair work that improved the condition of the dwelling, and, accordingly, increased its price:
- Checks confirming the purchase of materials;
- Statements from the personal account indicating the costs incurred during the repair;
- Receipts for payment of services of workers.
Other written evidence of material investments may also be submitted.
But to prove direct participation in repair work, which is not accompanied by financial expenses, is much more difficult. Witnesses should be involved in the case, who can confirm the fact that the owner's spouse was involved in the repair. It is also necessary to conduct an independent examination and compare the established cost of the apartment with that indicated in the donation.
Typically, a donation agreement involves the transfer of property to one owner. However, in the case of real estate that was donated for a wedding or marriage, there may be exceptions. Sometimes both spouses are listed as the donee. IN such a case the apartment will not be considered personal property, but jointly acquired. It can be divided on a common basis in equal shares. However, the size of the parts belonging to each of the spouses can be specified directly in the donation agreement.
Section in the presence of a marriage contract
At the conclusion of marriage, as well as at any time while the relationship between husband and wife is officially registered, the spouses may draw up marriage contract. The document takes precedence over the provisions family code RF, and is considered a priority source. This statement is fixed in article 40 of the RF IC.
If a marriage contract is drawn up, in which there is a clause on the possibility of dividing the donated property, then during a divorce, the shares are distributed in accordance with the specified provisions.
Spouse insolvency
If the husband or wife of the owner of the apartment does not have his own income and is in a difficult financial position, the court may also decide to make a division of real estate, or oblige the homeowner to purchase another half of the premises for living. However, most often the spouse is granted the right to use housing until their financial condition improves.
If there is a child, the situation with the division of the gift apartment becomes more complicated. The law protects the rights of minors, so they cannot lose their place of residence even if their parents divorce. In some cases, this means that the legal representative of the children, designated by the court, can live with them on the territory donated ex-spouse apartments. If the share of the gift premises belongs to a minor, it cannot be alienated even if a peace agreement is concluded between the parents.
In the case when for the implementation of the division it is necessary to sell housing, a contract of sale is concluded only with the consent of the guardianship and guardianship authorities.
How a section is made
The law gives spouses exactly 3 years to divide property.
You can allocate shares:
- Voluntarily, by concluding a peace agreement indicating the size of the part due to each of the spouses. The document must be certified by a notary.
- By filing a claim. In this case, the division will be dealt with by the judiciary.
The division of an apartment can be done not only on paper, but also physically. However, this is quite problematic, since there are common rooms in the room, for example, a kitchen. But it is not necessary to divide the subject of the dispute in kind.
You can also resort to the following methods:
- sell the property and share the resulting amount;
- share the premises;
- redeem the share that is due to the former spouse;
- exchange part of the apartment for another thing, for example, a car.
In the presence of common acquired property, the spouses usually claim equal shares in the annulment of the marriage. However, in the case of a donated apartment, nuances are possible, especially in the case of a voluntary agreement.
Husband and wife can set any size of the parts due to them. The main thing is to reach an agreement and draw up an agreement in accordance with the rules established in Russia.
The division of a gift apartment in the event of a break in marital relations is a rather complicated process. In order to claim the personal property of a husband or wife, the spouse must have good reason and prove their worth in court. But it is worth remembering: the law most often takes the side of the owner of the donated property, protecting the exclusive right to possession. In some situations, it is easier to negotiate with your soulmate and share property peacefully.
