Problems related to a division of property after a divorce. Who has an advantage? How important the formal side of the matter is? Which more affects the result — laws or traditions?
Unfortunately, family life does not last endlessly. Alas, it is interrupted either with the death of one of the marriage pair, or when the process that is called a divorce comes. True, jokes say that a real “divorce” is what happened before the wedding, but this is already, as they say, a play of words. Reasons why two people, or, at least one, understand that they can no longer live together, there are many. And it was not that it didn’t care why this is happening, simply on what caused the cause, sometimes depends on how the divorce occurs.
After all, the cessation of family life is also a termination of joint economic activity. So, this is a division of property. So, when the spouses are divorced «in the world», then the division of property occurs without special conflicts. And if not? Then many issues are resolved in court. Unfortunately. And one of the most stringent sections of the dispute is the dispute about the living space.
How the apartment is divided during a divorce? There is no definite answer here. After all, it matters whose apartment is currently from a formal point of view? It can belong to both the spouses and the third party. Was she in this property at the time of marriage? If she, that is, the apartment was purchased, after the marriage, then with whose money? The next moment is whether there are children in marriage. Because the moment may be included that the one who will have children will have an advantage in this matter.
But in fact, everything, relatively speaking, is “spinning” around the original legal premise that all the property acquired in marriage should be shared in half. Therefore, if one of the former spouses takes the apartment for himself, he must pay the other half of its value. Or a smaller amount, which the already listed circumstances can affect.