HOW TO SEPARATE REAL ESTATE IN THE EVENT OF A MARRIAGE?

1) Conclude a marriage contract. Such an agreement can be signed not only before the wedding, but also during the marriage.

 If the spouses did not acidify the marriage contract, the presumption of joint property will be applied during the division of property and it will be divided equally, regardless of who worked and received more money. In addition, the obligation to pay debts is also divided equally.

 In this regard, the division of property turns into a very complex and lengthy lawsuit, with the loss of money, nerves and good relations between the spouses, if any. Therefore, how quickly and profitably for both parties the division of property will take place depends on the ability and desire of the spouses to negotiate. It is possible to draw up a prenuptial agreement during the period of marriage, provide for the transfer of property into the private property of one of the spouses, or prescribe its share distribution.

2) Decide on the method of dividing the apartment

For instance:

- exchange a 2-room apartment for two one-room apartments, or an expensive one for two cheaper ones;

- sell housing and divide the amount in the appropriate proportions;

- agree to leave the apartment to one of the spouses, and to pay compensation to the other or provide other property.

3) Solve the issue with the mortgage

 In case of divorce, the question constantly arises of how to divide mortgage housing.

 Of course, the ideal option would be to repay the loan and sell the mortgage apartment. The money for the sale of the apartment is divided in half. The spouses can also agree that one of them will transfer the loan debt to himself, and the second will pay him part of the mortgage housing. Thus, only one of the spouses will become the owner. Well, the third option, when the ex-husband and wife continue to pay the loan for the apartment, and their fate will be determined after repayment. But if this is the only housing for both, then there is a risk of turning such an apartment into a "communal apartment", and each other's life - into hell. Not the best solution.

4)Go to court

 If no agreement has been reached, the methods of division have not been determined, the only way out is to go to court.

 The apartment, regardless of who it is registered for, will be divided in half, since it is jointly owned by the spouses. Even in spite of the fact that the wife, for example, did not work during marriage and was engaged in housekeeping and raising children, the property will be divided equally.

 At the same time, property is considered joint if it was acquired during marriage. An exception will be property donated or inherited, even during marriage. Such property will not be common joint property, unless proven otherwise in court.

 Thus, “biting off” from the once beloved half will not work the real estate that she / he got before marriage or was inherited or donated even during marriage.