How to divide an apartment with an ex-spouse?

Well, if the former spouses have the opportunity to disperse to different apartments. But often it happens that after the registrar they have to return to their only apartment. How peacefully to divide square meters?

By law, the owner has the right to use the apartment and dispose of the belonging part: to give, to bequeath, to sell. But in practice everything is more complicated. Transactions with such property have certain features that create problems for the equity owner. If you can not leave, it's important to know your rights. The use and ownership of the property in common ownership takes place with the consent of all parties, and in the absence of agreement - in the order established by the court. If the spouses own the apartment in equal shares, they are endowed with the same rights and duties. Since the apartment belongs to all persons residing in it, the division of personal accounts with the subsequent conclusion of separate employment contracts is impossible.

The former spouses can agree on who and where will live. If a compromise solution is not reached, an application to the court is written to establish the order. And the court can take into account the existing actual use of rooms in the apartment, which does not necessarily coincide with the shares in the right of joint ownership.

In the case of the purchase of a share in an apartment, the new owner is not transferred the right to use a certain room, which was issued on the basis of a court decision for the former owner. The procedure for using the apartment to the new owner will have to be re-established.

There are several ways to get out of this situation.

1. Jointly sell the apartment as a whole and divide the amount of money received equally. This option is acceptable if both spouses agree to a transaction. The legislation does not allow implementing this method without mutual consent.
2. Buy one of the spouses second share. The transaction must be supported by an agreement. After this, the spouse who paid the appropriate amount becomes the sole owner of the dwelling. If you refuse to sell your part of one of the owners, this option is also impossible to implement. In the current legislation, it is not possible to oblige the owner to do this through the court.
3. Assign a share to an outside party. Such a transaction does not require the consent of all equity holders. But they have a preemptive right to buy out the sold stake. Therefore, you need to notify your spouse in writing about your desire to sell a share. In the notification, the price of the sold part should be indicated and it is better to notarize it. If a former spouse refuses to buy out a share for a month, you can sell it to a stranger. And sell the apartment will be on terms that were offered to another owner.

If the former spouse is not acquainted with the terms of the forthcoming transaction, he has the right to challenge her in court and demand the transfer of the buyer's rights of the share to himself. That is, the share of the apartment will remain sold, but the buyer will be one of the spouses.

In the case of living in an apartment of underage children, finding a buyer for a share will be very difficult. And for the price? shares are always lower than half of the value of the apartment.

As for children, they have the right to use housing at the place of permanent residence of parents. Therefore, when parents live separately, it will be necessary to decide which of them the children will live with. In the absence of a compromise, everything is decided in a judicial order.