Divorce and maiden name!

Answers to questions about the division of property

1. My husband and I bought an apartment on the mortgage. It is not yet paid for it in full. If we divorce, what are my rights to the apartment, and who will have to pay the mortgage?

As a general rule all that is acquired (acquired) by spouses during marriage is their joint, property. You bought an apartment in a marriage, hence the division of the property you are entitled to half of it. And it is no matter to whom it has been issued and which one of you is making money for it (art. 33, Family Code).

But the fact that you purchased it for a mortgage, means that until the repayment of the loan it is in the mortgage and you can not sell it, or donate to change without the consent of the bank (Art. 77 of the law on the mortgage). And the rest — it is your common property, which is subject to division.

The question of who will pay the mortgage, you can decide with your ex-husband Agreement

(Art. 38 RF IC). If you do not agree, the court will decide the question. This means that if the right to share in the apartment are equal, then the mortgage payment will be divided equally and you will pay your part. After repayment of the loan you will be able to dispose of its share as you see fit: to sell, to exchange an apartment and so on.

2. The husband two months before the wedding, bought an apartment on the mortgage.

My daughter and it spelled out, the credit is paid from the family budget. How will the profile of this apartment in a divorce if she is not yet fully redeemed?

Unfortunately, a section of the apartment in case of divorce will not be. The fact is that since the conclusion of the mortgage agreement your husband already was the owner of the apartment, which he has placed in the way of security of its obligation to pay for it. That is, this apartment is the property that he appeared before the marriage, and thus is not subject to section.

Moreover, in accordance with Article 31 of the Housing Code in the event of divorce, your ex-spouse has the right to have a child to write from his apartment. However, if you do not own property and the means to acquire it, and the child has not reached the age of majority, the court may grant you the right to stay in this apartment for a certain period (usually — until the child reaches 18 years of age). In addition, at your request, the court may oblige the husband to provide your child’s other living quarters.

In the trial you can still try to prove that during the marriage by your total assets made significant investments in the apartment, which increased its value (for example, repair), — on this basis, the court may divide it among you (v. 37 RF IC) .

But it is not easy to prove.

3. I want to file for divorce. Children and common property no. Is it possible to arrange a divorce without my presence?

Yes, you can, but will have to visit a notary public. If your spouse agrees and you do not have children together, the divorce takes place in the SRO.

If you are unable to come to the registry office, you need to have on your spouse with the joint statement was your signature, and the signature should be verified by a notary.

State registration of divorce will be made within a month from the filing date.

4. The husband filed a petition for divorce, and requires that I first agreed to the divorce, and only after that he agreed to the division of property. Say it somehow affect the market?

Feel free to give her husband oral consent to divorce and do not worry that it is somehow affect the division of joint property.

The fact that under the current family law for divorce does not require your consent to divorce your husband or consent to the division of property. Even if you do not give consent to the divorce, the marriage will still be terminated if your husband will insist on it.

Within three months, the court may set a term for the reconciliation of the spouses, if such reconciliation does not happen, then the marriage is dissolved (art. 22, Family Code).

If you have a dispute over the division of the common property of the order, the court will determine the order.

5. Can I apply for a division of property, if the divorce has been more than three years ago?

You can apply to the court at any time, although the statute of limitations for a claim for property division is three years and, therefore, had expired.

If he fails to do so, the claim for division of property will be met (Art. 199 of the Civil Code).

6. My ex-husband no part in our lives does not accept, does not pay child support, but when are we going to rest, take from me the money for my child’s permission to travel abroad. You can deprive him of his parental rights?

Depriving of parental rights is possible only in court. Immediately it should be noted that this is an exceptional measure and the courts seriously checked the grounds for its application. As a preventive measure, parents may initially limit parental rights by six months (Art. 73

RF IC).

The list of grounds on which to deny parental rights listed in Article 69

Family Code. But you need to be well prepared, because the courts take positive decisions in such cases are extremely rare. It is necessary to find witnesses that the court will confirm that your husband participation in education does not accept, does not pay the child support that meetings with him the child is under stress, and so on. D. The lawsuit was filed at the place of residence of the defendant (in this case, your husband). If you lose the case, the consent of your ex-husband for the export of the child abroad will continue to be mandatory.

7. I’m married. If I give my grandmother apartment, whether it be right to my husband in a divorce?

No, it will not. Nevertheless, it is important that your grandmother in the donation contract clearly stated that the property gives you. Otherwise, this apartment will be considered donated to both spouses, and therefore common property.

The Family Code provides for only one exception. If during the marriage, your husband will make substantial investments that will significantly increase the cost of this apartment

(eg, pay for costly repairs), the court may recognize her common property (art. 37 SC Code).

8. If the husband to register in the privatized apartment, he could after the divorce claim a share in it?

No, can not. If the apartment is privatized, its owner is you. To marry and registered, your husband has not got to your apartment any property rights, except the right to reside in it. After the divorce, he will be a former member of the family and you will be able to write it as easy as prescribed in marriage. The only restriction, which includes the Housing Code (Art. 31)

— Is the absence of your ex-husband of another place of residence and the possibility of its purchase in the near future (due to the financial situation and other circumstances). Then the right to use the living room can be stored for him by the court within a certain period, which also determines the court. When the period of use of premises established for the former member of the family sobst Vanik, expires, the right of use ceases. But in practice such solutions usually make judgments on children, not healthy adult men.

9. The Court ruled that the termination of our marriage with her husband. But my husband and I reconciled and decided to continue living together.

Can we not divide the property and somehow renew the marriage?

Yes, you can not divide the property. Despite the fact that the judgment is necessary for persons involved in the case in your situation, it makes no sense. And to compel each other to execute the judgment you likely are not going to.

Now — with regard to the resumption of marriage. Your marriage is dissolved, restore it in such a situation is impossible, so the only way back formalize relations — remarry.

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