HOW TO RECOGNIZE IMMOVABLE PROPERTY ACQUIRED IN MARRIAGE, PERSONAL PRIVATE PROPERTY OF ONE OF THE SPOUSES?

 Probably everyone already knows the general rule that all property acquired during marriage is considered joint joint property of the spouses and is subject to division in half, unless otherwise provided by the marriage contract or court.

 To conclude an agreement on the acquisition, alienation of real estate by a person who is in a registered marriage, you must obtain the prior notarized consent of the other spouse. In the legal world, this is called the presumption of joint property of the spouses. And regardless of whether one of them has an independent income or not. The personal private property of one of the spouses is things for individual use, as well as property acquired during the marriage in the case of:

• if the property is acquired on the basis of a contract of gift or by inheritance;
• property acquired for personal funds (for example, funds from the sale of property acquired before the registration of marriage, funds received as compensation for the loss of personal belongings, such as compensation for non-pecuniary damage, sums insured, etc.);
• property acquired on the basis of privatization.

 Therefore, in order to prove in court that the disputed real estate is the personal property of one of the spouses, it is necessary to prove and provide the court with evidence that the property was acquired at the own expense of one of the spouses.

 If this is not proven, the court will proceed from the presumption of joint ownership of the property of the spouses, as the disputed property was acquired during the stay of the parties in a registered marriage. However, the absence of family relations and separate residence is not taken into account by the courts. The presence of a notarized consent of one of the husbands to purchase real estate also indicates the conclusion of a purchase agreement in the interests of the family and for the couple's money.

Example from a fresh case

 During the marriage, the couple bought an apartment worth $ 100,000. However, in order to reduce the amount of taxes, the contract of sale indicated a value of only $ 20,000. Family life did not work out, the couple decided to divorce. The apartment was purchased at the personal expense of one of the spouses, but the person could not prove it in court, and the court decided to divide the apartment as a jointly acquired property. According to the general rules, real estate can be divided in the following ways: exchange of housing for two dwellings, sale of an apartment with subsequent division of the amount received in appropriate proportions, preservation of an apartment for one of the spouses with the consent of the other with monetary compensation or other property. The most profitable option of division is the third option with compensation. Because the contract specified an amount of 20,000 instead of 100,000, the party who paid for the apartment was no longer able to receive half of the amount actually paid for the apartment. For one side it is profitable, and for the other - not so much. Therefore, I always advise to conclude agreements at the actual value. Here the phrase "greedy pays twice" is clear. The general rules of division of common property apply, but here, which and each general rule has its exceptions, the nuances and pitfalls are unknown to the parties, to which special attention should be paid, and which can be a tool for deciding in favor of the person.