Division of a house in case of divorce between spouses with land

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Having common property, even a common house, is not a guarantee of a happy family life. In addition to the unpleasant procedure of divorce, the spouses will have to divide joint property, in particular real estate. A husband and wife who have made the difficult decision to divorce and share a private home face many questions:

• How to determine the shares rightfully belonging to each spouse?
• How is the house divided if there are children? Does the court deviate from the principle of equality of shares if one of the spouses lives with a child or a disabled child?
• Is it possible to divide a house not only legally, but also actually?
• What are the alternative ways of dividing joint property?

This article will answer these and other questions.

Is it possible to divide a house after a divorce?

The division of a house, like any other real estate, occurs according to the general rules for the division of joint property of spouses, that is, only the house that belongs to joint property can be divided.

In what cases is real estate considered jointly acquired, in what cases is it considered personal property?

Real estate acquired by spouses during marriage is considered jointly acquired. It doesn’t matter which spouse invested the funds or which of them the apartment is registered in; in the event of a divorce, it is subject to division.

Everything is true, but, as always, there are many nuances.

For example, one of the spouses sold his apartment before marriage, and during the marriage, the family purchased a residential building with this money. The family did not invest additional funds into the purchase, that is, the second spouse did not take any financial part in the purchase of the home. In this case, even when the property was acquired during marriage, it is not divided during a divorce. But the spouse with whose funds the house was purchased must prove that the purchase was made with his personal funds.

The following options for purchasing a residential building are not uncommon: a couple purchased residential premises before the official marriage, the property is registered in the name of one of the spouses. In such cases, even if both spouses participated in the purchase of housing, during a divorce it remains with the one in whose name the property is registered.

The law states that if real estate was received by one of the spouses as a gift, by inheritance, or there was another gratuitous acquisition, the housing is not considered jointly acquired and is not subject to division. But again it is necessary to take into account the nuances.

For example, one of the spouses inherited a residential building, and the second, at his own expense, overhauled it, then in this case he also has the right to part of the residential premises.

In such situations, there is a problem of proving the fact that the personal funds of the second spouse were invested and his investments significantly increased the market value of the residential premises.

There are often situations when ex-spouses have not lived together for a long time, but the marriage has not been officially dissolved. In cases where one of the spouses buys an apartment or house, a controversial situation may arise. If the owner does not prove that he bought the property with personal funds and that, in fact, he has not been running a common household with his ex-spouse for a long time, the latter can take advantage of the situation and try to divide the living space.

Summarizing the above, we can conclude that if the residential building during the period of official marriage was:

purchased;

built;

capitally repaired or substantially rebuilt using joint funds;

received as a result of an exchange for a house or apartment that was previously owned by the spouses, but already during the marriage,

then such property is subject to division after a divorce.

Important. Registration of property rights for one of the spouses does not in any way affect the subsequent division in case of divorce. The fact that the purchase or exchange was made on behalf of one of the spouses also does not affect the division.

General provisions on division of property

There are general rules on division that apply to any joint property and which the court always follows:

• Only jointly acquired property is subject to division;
• division can be carried out both during marriage and after its dissolution;
• the division can be based on an agreement or on a court decision (if there are disputes);
• unless the spouses agree otherwise, the property is divided equally, but the court has the right to deviate from this rule in the presence of exceptional circumstances.

These are general rules that apply in the absence of a marriage contract or agreement on the division of property between spouses. Otherwise, the division will be carried out based on the terms of the family law (marriage) contract.

Is it possible to divide a house after a divorce?

The answer to this question depends on many factors. The division of the house is subject to the general rules on the division of the common property of spouses; accordingly, only the house belonging to the joint property is subject to division. First of all, this is a house purchased, built or privatized by both spouses during the marriage.

Important! A house purchased on credit is included in the common property and is subject to division, even if the loan has not yet been closed, but at the same time the credit (mortgage) obligation will also be subject to division.

A house in a housing construction cooperative is also common if the share contribution was paid during marriage. The legislation allows the division of a house in a housing cooperative even if the share is partially paid, but only if the share belongs to joint property.

As an exception, the court may recognize a house as joint property:

• which, although it belongs to the sole property of the spouse, was improved (for example, completed or repaired) with the funds or labor of the second spouse or with common funds.
• in a housing cooperative, if the main part of it was contributed before marriage, but at the expense of the spouses’ common funds, subject to the end of payment of the share during marriage.

Is it possible to divide an unfinished house between spouses? Yes, if the degree of its readiness allows us to see the possibility of allocating a share in kind after the completion of the facility. Otherwise, only construction materials and structural elements of the building will be shared. For more information about this, see the article “Division of an unfinished house during a divorce.”

When is a house not divided?

A house cannot be divided if it is not common property, in particular:

• if it is purchased, built, privatized before marriage;
• if it is given or inherited both before and after marriage to any of the spouses;
• if the house was purchased with the sole funds of one spouse (for example, accumulated before marriage, inherited, gifted, or after actual departure from the family).

Theoretically, each of these rules may have an exception - when, for example, the house was completely rebuilt by the spouses using common funds, although it was purchased before marriage or bequeathed to one of the spouses. All this is subject to proof exclusively through the court in the event of disputes.

How is a house divided during a divorce if the owner is a husband or wife?

Like any other joint property, a residential building can be divided by mutual consent of the spouses (a division agreement) or by a court decision.

An agreement on division is possible by mutual agreement of the former spouses; it is more preferable, since in this case the division takes place taking into account the interests of all parties. Moreover, with voluntary division, the parties save on legal costs.

In cases where it is impossible to reach an agreement, one of the spouses files a claim in court.

In both cases, the section is made in the form:

• division by shares;
• section in kind with subsequent redevelopment;
• allocation of shares;
• transfer of real estate into the personal ownership of one of the spouses with payment of monetary compensation to the second.

For example, it is not possible to divide a house in kind, while the spouse is sufficiently secure financially, and his ex-wife has other real estate. In this case, it would be advisable to leave the housing to the ex-husband, his wife moves into her own apartment, and the ex-husband pays her half the cost from the joint house.

Section by shares

Division by shares implies the determination of shares for each of the parties in the ownership of real estate, while the shares exist only on paper; there is no real division of the house in kind.

Ideally, the shares of each spouse should be equal, but by mutual agreement or by court decision, deviations from the rules are possible. The following factors may influence the court's decision:

• at what point the spouses stopped running a common household, that is, they actually separated;
• whether the value of the house has changed due to one of the spouses, and at what point this happened.

For example, the spouses stopped running a common household, that is, they actually separated, and after that one of them carried out a major renovation of the house, added another room, that is, significantly increased the market value of the property. In this case, the share of this spouse during the division will be significantly greater than the share of the second.

Also, in parallel with determining the shares of each of the parties, the court determines the procedure for the use of real estate, taking into account the actual procedure for the use of residential premises by each of the spouses after the divorce.

When determining the order of use, specific rooms are most often assigned to each spouse, and the operation of premises that cannot be transferred for use to anyone alone (kitchen, bathroom, utility rooms) is regulated. But, in any case, assigning specific rooms to each of them in no way establishes sole ownership of part of the house; the spouses still remain shared owners of the entire living space.

In practice this means the following:

1. Costs for maintaining the property are distributed according to the shares of each party, and not depending on the size of the premises used by them.
2. Even if the room transferred to one of the spouses exceeds his share, the second spouse cannot count on monetary compensation.

For example, in a residential building owned by former spouses, there are two rooms, a kitchen, a bathroom and an entrance hall. The rooms are separate, and one of them is seven square meters larger than the other. The spouse who receives a larger room for use does not have to pay any compensation to the other. But he will bear all the costs of maintaining the property in a larger share than the other party, who uses a smaller room.

They share all other premises.

Such a division is possible only if the spouses have managed to maintain at least some loyalty to each other.

In kind with subsequent redevelopment

When dividing in kind, shared ownership is established with the subsequent allocation of a real share to each of the parties. This method involves transforming one living space into several separate ones. As a result of such a transformation, it turns out that part of the house or its individual rooms become separate property, and the part that cannot be divided (usually auxiliary premises) remains in shared ownership.

For example, with the help of redevelopment, former spouses were able to allocate each of them a separate room with a separate entrance. But communications in the house are carried out in such a way that it is not possible to create a separate bathroom and kitchen without expensive reconstruction, for which they do not have the funds. The spouses were forced to agree on the procedure for sharing these premises.

In the case of dividing a house in kind, an important factor is determining the size of the shares of each spouse.

A share is a part of a residential building in which it is possible to equip a separate living space with a separate entrance and at least one living room.

In cases where the parties agree to use common premises (kitchen, bathroom, etc.) together, then the actual division of the house is much easier, but the former spouses do not always maintain at least the appearance of a normal relationship. In such cases, a complete redevelopment of housing is necessary with the installation of separate entrances, kitchens, bathrooms, and other utility rooms for each side.

Share allocation

The allocation of a share is possible either by agreement of the parties or through a court hearing.

If the separation occurs according to the first option, then the parties need to take the following steps:

1. Create a separate isolated room. Most often this happens by refurbishing the house or by remodeling it.
2. Sign a voluntary agreement on the allocation of a share.
3. Make changes to the technical passport.
4. Register the alteration in Rosreestr.
5. Receive a new extract from their Unified State Register.

When allocating according to the second option (by court), the allotment of the share begins with the filing of a statement of claim for the allotment of the share in kind. In this case, the court orders several examinations:

1. Technical and construction. This examination should confirm the technical feasibility of redevelopment of the house.
2. Estimated. The examination determines the relationship between the allocated premises and the size of the share of the spouse who filed the claim for the allocation of his share.

After receiving positive results of the examinations, the court makes a ruling on the allocation of the share and the need for redevelopment. In case of negative results, the court refuses to allocate the plaintiff his share.

For example, a technical and construction examination showed that it is impossible to carry out any redevelopment in the house without demolishing one of the load-bearing walls. In turn, the demolition of such a wall will affect the strength of the entire structure and it may collapse. Based on this conclusion, the court will refuse to allocate to the plaintiff his share in kind.

The court's decision to allocate a share in real estate is the basis for the BTI and Rosreestr to make adjustments to the registration certificate and register the changes in the Unified State Register of Real Estate.

Payment of compensation

As a rule, only in rare cases is it possible to divide a private house in kind in proportion to the shares of each spouse; some get more premises, some get less. The spouse who received more premises during the division than the other is obliged to pay monetary compensation to the opponent. There are cases when the house is so small that it is physically impossible to divide it; in such cases, monetary compensation is also provided for the spouse who is left with nothing. There are several options for paying compensation:

1. The house is transferred to one of the spouses, who pays the second monetary compensation commensurate with his share.
2. The spouse who receives more than his share of the premises pays compensation to the other in proportion to the difference between the actual area received and his share.

Compensation is allowed through the transfer of other joint property, for example, a vehicle.

The amount of compensation is negotiated by the parties (if a voluntary agreement is signed) or established by the court based on the actual division of the house and its market value at the time of division.

Determining the cost of housing upon divorce

Private house, in accordance with Art. 8 of the Federal Law “On Valuation Activities in Russia,” which is divided between spouses during the divorce process, is subject to evaluation. According to Art. 5 of the above law, the definition of value in the current situation includes individual material objects, their totality or property rights. A house is a material object, which means it must be valued .

IMPORTANT

According to the rules of Art. 91 of the Code of Civil Procedure of the Russian Federation, if we are talking about the division of a house during a divorce, it is necessary to establish the price of the property in order to fix the price of the claim. The amount is determined based on the cost of housing to be divided upon dissolution of the marriage. The value of the property is fixed as a general rule by the plaintiff, who draws up an application. In the event that the price clearly does not correspond to the real one, the defendant or the judge may request an independent examination. This rule is provided for in paragraph 2 of Art. 91 Code of Civil Procedure of the Russian Federation.

In accordance with Art. 11 of the Federal Law “On Appraisal Activities in the Russian Federation”, the employee conducting the appraisal of the house issues a report to the customer based on the results. Official paper is drawn up exclusively in written form. Within the meaning of Art. 12 of the Federal Law “On Valuation Activities in the Russian Federation”, the report has evidentiary value in court and is the basis for establishing the price of the claim in the case of division of a house during a divorce.

How is a house divided during a divorce if there are minor children?

The presence of minor children does not necessarily lead to an increase in the share of the parent with whom the child remains after the divorce. But the court in most cases takes this circumstance into account and deviates from the principle of equal shares, especially if there are several children and the parent living with them has low income.

In even more difficult situations, when a parent remains with a disabled child, the court most often increases his share in the house to two-thirds or three-quarters of the property. This happens because disabled children require higher expenses for parents and, more often than not, their limited ability to work, since sick children require constant care.

Important. If one of the parents files a claim for the division of real estate and one of the points in this claim is the sale of the house with the subsequent division of the proceeds from the sale, then representatives of the guardianship and trusteeship authorities are required to be invited to the court hearing. In such cases, the division process is usually delayed. In such cases, the plaintiff can obtain permission from the guardianship in advance and attach it to the claim. But in order to obtain permission to sell housing from the guardianship authorities, he must prove that the child has another place of residence.

Section by shares

This type helps to correctly determine how to divide a house or apartment after a divorce. The procedure involves precisely identifying the part that belongs to each side of the process. You need to understand that the division into shares is conditional and occurs only in a documentary format. The integrity of the property is not compromised.

Current legislation states that spouses have equal rights to joint property. This indicates an equal division. However, having reached agreements, these parts can be revised in favor of one side. They will be taken into account and now it is necessary to figure out how the house will be divided during a divorce. The following factors influence the decision:

• actual separation;
• change in the cost of housing by one of the parties to the process.

If the husband and wife no longer live together, and after separation, renovations were carried out in the apartment or restoration of a private house, this indicates the implementation of actions that increase the value of the property. In this situation, the share of the spouse, at whose expense the work was carried out, will be significantly greater than that of the other party.

If the house is donated

If a house is given to one of the spouses, no matter before marriage or during the marital relationship, it is not subject to division, since it is personal property.

But, if it is established that the gift during the marriage was reconstructed, overhauled at the expense of joint funds, and its market value as a result of such actions increased significantly, then it is recognized as the joint value of the spouses and upon divorce must be divided between the former spouses.

A prerequisite for recognizing a house as joint property must be the establishment of the fact of joint expenses for improving the property.

Joint investments are considered to be expenses used for:

• major home renovation;
• redevelopment;
• extension of premises;
• updating communications, etc.

Home ownership?

According to the provisions of the family legislation of the Russian Federation, all property acquired by a husband and wife during family life is considered joint property. Divorce does not in any way entail the termination of joint property. Thus, a joint home is subject to fair division between husband and wife into equal shares.

So, regardless of whether the co-owners are married or not, they have the right to own the property jointly, dispose of it by mutual consent or make a fair division , and after that, each dispose of their share.

Can children claim property of divorcing parents? No, according to paragraph 4 of Art. 60 of the RF IC, children do not take part in the division of parental property.

However, a distinction must be made between joint and personal property. If the house was received as a gift or inherited by the husband or wife, if it was acquired by the husband or wife before marriage, it is considered personal property and is not divided.

How to divide a house during divorce

Like any other joint property, the division of a house occurs in two ways:

• signing a voluntary agreement;
• through the court.

In peaceful way

Of course, spouses can agree verbally without drawing up any agreements or contracts. But such oral agreements, as practice shows, are fraught with serious consequences when, after some time, one or both spouses begin to violate the agreement. A guarantee of compliance with agreements will be the signing of an agreement on the division of real estate.

Such an agreement must be certified by a notary office, otherwise it will not have legal force.

After signing the document, each spouse must contact Rosreestr to register the transfer of ownership, otherwise the house will continue to be jointly owned by the opponents.

Through the court

If an amicable agreement fails, a claim remains in court. How does the division of a house happen in court? The spouse who decided to divide the property through the court files a claim for division of the house, and he must comply with the jurisdiction. The application is submitted to the district court in which district the disputed residential premises are located.

The statement of claim is drawn up in compliance with all requirements, it must indicate:

1. Details of the judicial authority (name, address).
2. Data of the plaintiff and defendant, as well as, if necessary, other parties to the proceeding.
3. Descriptive part. It indicates when the spouses got married, if divorced, then the date of divorce, the date of purchase or construction of the house, with what funds it was purchased, built or reconstructed.
4. Claim. The plaintiff must describe the required procedure for dividing the living space.
5. Signature.
6. Date of.
7. List of attached documents.

The plaintiff must attach the following package of documents to the statement of claim:

1. Identification documents of the parties.
2. Marriage certificate (if the spouses are not yet divorced) or its dissolution.
3. Real estate documents.
4. Expert opinion on the actual market value of the disputed property.
5. Certificate of family composition (with a list of all persons registered in the house).
6. If there are minor children, their birth certificates.
7. Receipt for payment of state duty.

The receipt for the state fee must be original; all other documents can be photocopies.

In the statement of claim, the plaintiff may also petition to seize the property until the end of the trial. This is especially true if the house is registered in the name of the defendant in the lawsuit, and there is a possibility that the opponent may sell it without the knowledge of the plaintiff.

How to divide a private house with a mortgage during a divorce

When dividing a mortgaged house, spouses must take into account that until the loan is repaid in full, the house is pledged to the bank, so the division of such real estate has its own nuances.

How to divide a house bought with a mortgage.

There are several section options:

1. Proportional to shares. In this case, each party repays the loan within its share independently.
2. Transfer of the house to one of the spouses. In this case, the entire debt is transferred to the owner of the house. This division is practiced when real estate was purchased shortly before a divorce and division of property and one of the spouses does not have the financial ability to repay their part of the debt.
3. Selling real estate and paying off debt. The spouses divide the remaining funds from the debt payment according to each person’s share.

Any method of dividing a mortgaged home must be agreed upon with the lender. Without

With the bank's permission, the spouses will not be able to sell or divide the house.

If it is impossible to peacefully agree on the division of real estate, the spouses have no choice but to go to court with a claim for the division of the mortgaged house.

If the house was purchased with maternity capital funds

There is a special procedure for dividing a house purchased using maternity capital. Real estate purchased with maternity capital is registered as a common shared property not only of the spouses, but also of all children. Accordingly, during a divorce and division of a residential building, it is divided among all family members, including minor children.

Naturally, during division, the parent with whom the children remain receives, in addition to his own share, the shares of all children.

Ways to divide a house

Spouses can divide a disputed residential building after a divorce or during it in one of two ways:

• by concluding an agreement on the division of a house;
• in court by filing a claim.

Of course, dividing property voluntarily would be simpler and easier, but ex-spouses cannot always reach an amicable agreement.

Agreement on the division of a house between spouses

It is better to draw up the agreement with the participation of an experienced lawyer, since it will need to provide for many nuances and conditions of the division. By agreement, the spouses have the right to divide property by any means described above.

Important! When allocating the property in kind, an expert opinion on the procedure and possibility of rebuilding the house for two owners is required.

The text of the agreement must indicate:

• date and place of document preparation;
• full names of the parties, including full names, passport details, registration and residence addresses;
• description of the terms of the agreement, description of the divisible property;
• justification for the method of division, a detailed description of the agreement reached;
• the procedure for bearing costs associated with the agreement;
• date, signatures of the parties.

The agreement does not need to be certified by a notary. Immediately contact Rosreestr. To register changes in the register of rights, each owner will need to pay a state fee of 2,000 rubles.

The agreement for dividing a house after a divorce must include:

• copies of passports;
• copies of title documents for the house (the original certificate, if any, is submitted to Rosreestr)
• technical documents for a residential building;
• expert opinion;
• calculations of costs for re-equipment (if they are indicated in the text).

Within five days, Rosreestr will register property rights in accordance with the agreement. You can apply directly through the MFC so as not to waste time on long lines at Rosreestr, which, moreover, has practically stopped accepting documents in a number of cities.

You can use the sample agreement presented below to draft the document yourself. If you have any difficulties, be sure to consult our lawyers.

Sample agreement for division of a house

Claim for division of house after divorce

When it is not possible to reach an agreement or one of the spouses claims that the house cannot be divided as joint property, all roads lead the disputing parties to court.

A statement of claim for the division of a house during a divorce must be filed with the district court at the location of the real estate.

A claim can be filed:

• in the event of a divorce, immediately indicating the requirements in the divorce application;
• after divorce at any time.

Contents of the claim

Requirements for the content of all claims are specified in Art. 131-132 Code of Civil Procedure of the Russian Federation. Some individual features of a claim for division of a house are not regulated by law and arise only from the mentioned articles.

In the statement of claim for division of the house you must indicate:

• name of the court, parties, with full addresses;
• circumstances of the dispute: when the marriage was concluded. why it falls apart, reasons for the conflict over the division of the house;
• information about the rights to the disputed house;
• section options and their rationale;
• references to legal norms, judicial practice, additional evidence;
• request to the court to divide the house;
• signature and date of signing;
• list of applications.

Drawing up a claim is a rather complex task, which is best entrusted to an experienced lawyer. An independent attempt to protect your rights can often lead to a number of problems, because the process of dividing a house requires a thorough knowledge of housing legislation and judicial practice.

Sample claim for division of a house

You can adapt the version of the statement of claim presented below to suit your situation, but it is better to clarify the procedure for drawing it up with a lawyer or entrust this task to him.

Remember that the motivation part in the claim, evidence and substantiation of the claims will directly depend on the chosen section option.

Expertise for house division, when to apply?

You can apply for the appointment of a construction and technical examination, the main task of which will be to determine the possibility of dividing the house in kind, at any stage of the case.

The requirement for it to be carried out (indicating that the procedure will be paid for) can be immediately indicated in the claim.

The duration of the examination can range from 1 month to six months, depending on the chosen institution.

State duty

The state duty is calculated according to the rules established for property claims.

Moreover, in cases of division of property, the value of the claim will not be considered the value of the entire property, but only the share of the plaintiff, which he claims.

The calculation procedure is clearly outlined in the table below.

Arbitrage practice

Judicial practice on the division of residential buildings is quite extensive and varied. The diversity of court decisions can be judged from two examples from practice.

Example 1 . Spouses Olga and Nikolai G. After three years of marriage, they bought a small house in the suburbs. Three years later, Olga inherited a dacha from her father, which she sold, and with the proceeds the couple added another room to the house, carried out major repairs, and changed all communications. Five years later, the couple divorced, but did not find a common language when dividing the house. Nikolai proposed dividing the house equally, but Olga did not agree, since she invested personal funds received from the sale of the inheritance into the reconstruction of the house.

Nikolai filed a statement of claim in court with a request to divide the property equally between the former spouses.

The court's decision was as follows: to divide the house between the plaintiff and the defendant into shares in accordance with the contribution of each to the purchase and reconstruction of the property. Considering that the house was significantly improved thanks to the contribution of Olga's personal funds, she received a much larger share than her ex-husband.

Example 2. Vadim K., even before marriage, owned a house that he inherited. His fiancee Elena also owned real estate before her marriage. After getting married, the couple decided to sell both houses and use the proceeds to buy a larger house, since they planned to have many children.

Family life did not work out and two years later the couple divorced. The question of dividing the house arose, but Vadim and Elena could not come to an agreement peacefully; the ex-wife filed a claim for dividing the house. In the statement, she asked the court to divide the house equally, since she believed that any joint property between former spouses should be divided in this way.

At the court hearing, Vadim was able to prove that he invested twice as much money into the purchase of the house as Elena. The court, having considered all the materials of the case, decided to divide the house between the former spouses into shares according to the funds invested in its purchase by each of the spouses, that is, Vadim received two-thirds of the house, and Elena only one-third.

The division of a residential building, like the division of any other real estate, is fraught with so many different nuances that an inexperienced person in law can easily get confused and make many mistakes. In order for the division to take place without unnecessary headaches, it is advisable, at least at the first stage, to contact a competent lawyer. He will advise, help draw up an agreement, and if an amicable agreement cannot be reached, he will draw up a statement of claim and, if necessary, represent the interests of his client in court.

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Natural section with redevelopment device

During this type of procedure, it is necessary to establish shares. Based on the results obtained, a natural division of a private house occurs during a divorce between spouses with the provision of the due share to each of the spouses. This method indicates the need to redevelop common housing into 2 separate buildings.

Carrying out redevelopment transfers ownership of only the rooms, and part of the premises, which are classified as an indivisible category, remains in the shared ownership of both spouses.

If the spouses agree to the joint use of shared premises, which can be a bathroom, bathroom, kitchen, the division of the house is faster and easier. If such an agreement is not reached, a project for a complete redevelopment of housing, with the installation of all the necessary premises to ensure a normal existence, is subject to implementation. These include a kitchen, bathroom and toilet, a separate entrance and utility rooms.

Share allocation

The allocation of shares is made both by agreement of the spouses and in court. The first option involves doing the following:

1. Formation of separate housing by refurbishment or redevelopment of an existing house.
2. Signing a special agreement on the allocation of shares in property.
3. Mandatory official registration of all changes and their inclusion in the registration certificate.
4. Registration of changes in Rosreestr.
5. Receiving a document from the Unified State Register of Real Estate after changes.

The allocation of shares in court, one of the spouses must initiate this process by filing a properly executed statement of claim. This option involves the appointment of a number of examinations to establish the correct shares:

1. Technical and construction. Determines the possibility of redevelopment or refurbishment of the subject of the dispute.
2. Estimated. Determines the equivalence of the premises and the size of the applicant’s share.

Based on the results of the examinations, the judicial authority will make a decision on allocating a share to the applicant and refurbishing the housing. These steps help you figure out how to properly divide your home when you divorce your husband.

How to file a lawsuit

To file a claim in court, you must fill out a statement of claim and prepare the necessary documents. Please note that the application must contain the following information:

• the name of the judicial authority where the plaintiff applies;
• personal data of the person filing the claim and the defendant;
• cost of claim;
• justification for going to court regarding the division of real estate (description of the current situation, which contains all the necessary information about the registration and dissolution of the marriage between the plaintiff and the defendant, data on the date of conclusion of the real estate purchase and sale agreement, owners, etc.) with reference to primary documents;
• the essence of the requirements;
• substantiation of the plaintiff’s claims with reference to the relevant legislation;
• list of documents provided;
• date and signature of the person filing the claim.

The list of standard documents that must be submitted to the court includes:

• passports of both parties to the claim;
• a document confirming the fact of marriage (or divorce);
• marriage contract (if any);
• documents for the child;
• agreement on the voluntary division of real estate (if it is drawn up);
• papers confirming the ownership of the building by the owner;
• real estate appraisal report;
• a payment document that confirms that the plaintiff has paid the state fee for filing a claim;
• other papers that may be necessary for the court to make a decision on the claim.

It usually takes about a month from the moment the documents are handed over to the court hearing. At the meeting (where the personal presence of the plaintiff is required), the court makes a decision on the division of property between the spouses. The court decision comes into force in a month.