Like all other property acquired by spousesDuring the marriage, the jointly acquired apartment is their common joint property, regardless of the name of which of the spouses such apartment is purchased (Article 34 of the Family Code of the Russian Federation, hereinafter - the CC of the RF).
The regime of joint ownership is characterized by the absence of certain shares in the right of common ownership (part 2 of Article 244 of the Civil Code of the Russian Federation, then the Civil Code of the Russian Federation).
However, situations in life are different, for example,Spouses are brewing the need to live separately. How, in this case, for example, can the wife obtain a change of apartment or receive a monetary compensation proportionate to the share in the apartment for which she is entitled to count?
To start an apartment you need from a generalJoint ownership to transfer to the regime of common shared ownership. This can be done by agreement of the spouses or by a court decision (part 5 of Article 244 of the Civil Code of the Russian Federation). If shares are determined by agreement of the participants in common property, the law establishes the right of participants to independently determine Stake Each of them (Part 1 of Article 245 of the Civil Code of the Russian Federation). The ratio can be either 50/50 or any other.
In the event that the shares are determined by the court, thenThe court will proceed from the presumption of equality of the shares of spouses in common property (Part 1 of Article 245 of the Civil Code of the Russian Federation). If the wife wants to get her share in the ownership of the apartment to be more than 50%, she must provide the court with the appropriate evidence, depending on the circumstances of the case, for example, a certificate of their high incomes in the period immediately preceding the purchase of the apartment and evidence that, That at the same time the spouse was not employed and was treated for alcoholism, evidence that the wife at his own expense made inseparable improvements in the apartment (part 2 of Article 245 of the Civil Code), and so on.
It must be borne in mind that the apartment is an indivisibleProperty and shares to be determined by the agreement of the spouses or by a court decision is not the share of the apartment as a physical object (for example, the wife's share is the kitchen and the corridor and her husband's share is the living room and the bathroom), and the shares in the ownership of the apartment Tied to specific parts of the apartment. Changes in the legal regime of housing as an object of real estate are subject to state registration in the single state register by the institutions of justice (part 1 of Article 131 of the Civil Code of the Russian Federation). After the shares are determined, they can participate in civil turnover as independent objects of civil rights, Stake Can be sold or exchanged.
When selling a stake in the right of common ownershipIt should be borne in mind that the spouse has a preferential right to purchase such a share (part 1 of Article 250 of the Civil Code of the Russian Federation). The pre-emptive right of purchase corresponds to the duty of the wife to notify her husband in writing of the intention to sell her Stake In an apartment with an indication of the price and other conditions on which the wife wants to sell her Stake. If the husband refuses to purchase or does not buy out Stake Wife for a month, the wife has the right to sell her Stake To any person (part 2 of Article 250 of the Civil Code of the Russian Federation).
In case of an exchange, the spouse's preferential right to acquire a share will also be effective (Part 2 of Article 246 of the Civil Code of the Russian Federation). Since it is difficult to find willing to acquire Stake In an apartment where a stranger resides, andThe cost of such a share at the actual sale will be significantly lower than half the cost of the whole apartment, in most cases it makes sense for spouses to jointly sell their shares in an apartment to one person, and divide the proceeds from each other proportionally to their shares in the common property right.