Like all other property acquired by spousesduring the marriage, jointly acquired the apartment is their common property, whether in the name of one of the spouses is such an apartment purchased (Article 34 of the Family Code of the Russian Federation, then - RF IC).
joint property regime is characterized by the absence of certain shares in the common ownership (part 2 of article 244 of the Civil Code, hereinafter the Civil Code).
However, situations in life are different, for example,the couple matures the need to live separately. As in this case, for example, the wife of exchanges to achieve a flat or get a refund, proportionate share in the apartment, to which she is entitled to expect?
To start you need an apartment from a common modejoint ownership transferred to the common shared property regime. This can be done by agreement between the spouses or by court decision (Part 5 of Article 244 of the Civil Code). In the case of determination of shares by agreement of the participants of common property law establishes the right of parties to determine independently share each of them (part 1 of article 245 of the Civil Code). The ratio can be either 50/50 or any other.
In the event that the share will be determined by the court, thethe court will proceed from the presumption of equality of the spouses share in the common property (Part 1 of Article 245 of the Civil Code). If the wife wants to ensure that its share in the ownership of the apartment was more than 50%, it must provide the court with relevant evidence, depending on the circumstances of the case, for example, a certificate of their high earnings in the period immediately preceding the purchase of an apartment and a certificate of that at the same time, the husband was not employed and received medical treatment from alkogolizma- evidence that his wife was at his own expense has made permanent improvements in the apartment (part 2 of article 245 of the Civil Code), and so on.
It should be borne in mind that the apartment - it is indivisibleproperty and shares, which will be installed spouses agreement or court decision - it does not share the apartment as a physical object (eg, the proportion of wives - the kitchen and the hallway, and the proportion of husband - living room and bathroom), and the share in the ownership of the apartment, not tied to specific parts of the apartment. The change in the legal regime as the home of the property subject to state registration in the unified state register of Justice agencies (part 1 of article 131 of the Civil Code) .After that as a proportion determined, they can participate in public circulation as independent objects of civil rights, then there is a share You can sell or trade.
When selling a share in the common propertykeep in mind that the spouse has a preferential right to purchase such share (part 1 of article 250 of the Civil Code). Pre-emptive right of purchase corresponds to a duty to notify the wife of her husband in writing of the intention to sell its share in an apartment with the price and other conditions, on which the woman wants to sell its share. If the husband refuses to buy or not to buy back share wife during the month, the wife has the right to sell its share any person (part 2 of article 250 of the Civil Code).
In the exchange of pre-emptive right of the spouse to the acquisition of shares will also act (part 2 of article 246 of the Civil Code) .Poskolku difficult to find willing to buy share in an apartment where a stranger resides, andthe cost of such interest at the actual sales will be significantly lower than half the cost of the whole apartment, in most cases it makes sense to spouses jointly sell their shares in an apartment to one person, and the proceeds divided between them in proportion to their shares in the common property.