How to buy real estate in marriage and not share housing during a divorce?

From this article you will learn how to buy housing in marriage and not divide it during a divorce.

Of course, during the marriage, I do not want to think that one day the question of divorce may arise, and, accordingly, the division of property. But given the statistics of divorces in Russia, it is better to protect yourself and your property in advance. At the same time, you should never count on the honesty and decency of one of the spouses in matters, regarding real estate. It is not known how to turn into circumstances when housing during a divorce will become a division. Therefore, you should always know legal subtleties to avoid problems.

How not to share housing during a divorce: what kind of ownership of housing is we?

There are two forms of ownership for the family:

• Joint
• Shag

1. If you and your spouse are drawing up housing in shared ownership,it can be, both equal and curtain from the percentage introduced by each spouses. In the event of a divorce, you can only claim your part of the property.
2. If you are Make a joint property,then housing during a divorce will be divided 50 to 50 on the basis of a decision of the court of the Russian Federation. In the ship's practice of our country, this option is more common if the marriage contract is not executed.

Important: if the spouses have children, then the court will take into account their interests. Therefore, most will belong to the one who will educate the child. But in this matter it is worth proved that the second spouse is not involved in the life and financial support of the child.

And in the case of use when buying maternity capital, children become full owners of their share along with their parents.

What housing to share during a divorce, and which is not: separate and family property

One of the main stages of the separation of assets during a divorce is to determine which property is family (joint), and which is separate (indivisible).

• Separate property - This is property, which was acquired by one of the spouses before marriage or was donated/inherited during the marriage. If one of the parties owned the house before marriage, then this side will receive the house. Gift has its own nuances, which we will make a little later.
• However, if family funds were used to pay a mortgage, then the spouse who does not receive the house will receive other property to compensate for his half of the capital acquired during marriage. It is this housing during a divorce that will be shared in half. After all, it is considered jointly acquired property.
• But this can be very difficult because of some nuances that you should know about. It happens, when separate property is mixed with family property,and thus turns into family property.
  • For example, imagine that a man buys a house with a minimum initial contribution, and then marries in two years. If the couple remains together for 30 years before the divorce, living in the house all the time and paying the mortgage by family funds, the judge will most likely consider the house as family joint property. Therefore, to repay the mortgage, you should not send money from the family budget.

Important: be sure to store all receipts and checks from whose account the payment was made!

Marriage contract is the best option that will allow you to buy housing in marriage and not divide it during divorce: pros and cons of

Marriage contract– This is the most reliable way to protect your property during divorce. Yes, not everyone will agree to him, but he is worth it. Therefore, in the territory of the Russian Federation, recently, many couples take care of themselves and their property in advance.

• If you do not want your housing to be divided in accordance with the legislation of Russia on the division of property, you need to sign an agreement Before marriage.
• Although it is possible to conclude this contract even during an official marriage. More often this is practiced when young people live separately without a divorce (this moment is also worth consideration).

IMPORTANT: The agreement should clearly define the parties and the nature of their rights and obligations to each other. This transaction must be notarized!

The advantages of the marriage contract:

1. The contract clearly shares the rights on existing or future property.
2. It can be calmly concluded before registering marriage or during family life, until difficulty arose and a deed during the divorce proceedings.
3. You are allowed to purchase housing Without the permission of your partner.
4. Your partner cannot require any assets, including applying for purchased housing during a divorce.
5. The housing that you owned before marriage is protected and will not be included in your marriage contract, and accordingly will remain in your possession.

Of the minuses, it is worth highlighting:

1. The relative high cost of the conclusion of the transaction that is carried out Only at the notary. At the same time, any changes also require notarial assurances, and hence financial expenses.
2. Any legislative changes will require amendments to the contract itself. Also do not forget that All points must be correctly designed.
3. Old -fashioned "indecent" mix love and money. Although, if soberly looking at things, then this is not greed and mercantile, but the opportunity to openly and honestly build relationships.
4. Psychological pressure about the possible future divorce.

Important: but with a great desire to challenge the marriage contract is also possible. Although for this it is worth proved that housing was purchased for total funds or a major overhaul was carried out in it.

We offer you an example of a statement of claim when the second party can even refute a marriage contract so that you do not lose all the points!

Given the property and housing in the inheritance during the divorce remains with the recipient!

• Most of the property is common, which makes it divided during divorce. All property will be distributed “fairly” between spouses, although it is not necessarily equally. But your inheritance or gift housing during a divorce is usually not divided!
• Therefore, one of the options used by many residents of our country is Buying housing for close relatives with subsequent gift or inheritance.Spouses who receive a house as a gift have the right to do everything they want with him, in marriage and even after a divorce.

But if the spouse (a) decides to apply to the court with a claim that the purchase of housing on a third party, followed by a gift, is only a method of covering real estate, then you will need to prove the reality of this transaction. That is, to submit documents confirming that the inheritance was acquired without your common financial resources.

How to protect donated housing during a divorce?

Therefore, you should take steps on the housing department during a divorce from family assets.

• Since the house will be your separate property, You cannot use family money to buy (When you buy, arranging for relatives). Mixing family funds with personal funds of spouses in legal terminology is called “mixing”. And this can jeopardize your separate property.
• All stages of sales should funded at the expense of your relatives, on which an apartment/house will initially be designed. You should also avoid using family funds to pay for any maintenance of the house.
• We do not stand in donated housing make expensive repairs using joint money, Otherwise, your spouse has the right to demand part of the ownership or material compensation. Especially if he can provide all receipts of expenses.

Important: such items also relate to property by inheritance, even being married. When divorcing, housing, which has passed by will, is not divided. But here there is a little danger - these are other close relatives. If there are other heirs, then the court decision may dispute. Although when divorcing, housing remains at your full disposal.

Therefore, if you buy real estate in marriage and do not want to divide it in case of divorce, then draw up a gift. By the way, even the contract of sale can be issued with a mark of donation. It costs additional expenses, but in this case, the ex -spouse will not claim him.

The acquisition agreement in favor of a third party will help not share housing during a divorce

• This method is reliable if you have close relatives who They have a sufficient amount of money and can confirm a close relationship with you. This method is reliable, because housing will remain for you during a divorce, although it will be purchased during marriage. But in our country it is rarely practiced.
• For example, your father buys an apartment/house, that is, pays for it, and draws up immediately on you. But there are several nuances that should be considered before buying. The relationship between the donor and you should be obvious and does not require evidence, Otherwise, this agreement will be considered a gift agreement to a third party. And this will entail additional expenses - a tax of 13% of the value of the purchased housing.
• If you choose this purchase option, it is important that your the relative had the right amount of money and could confirm their availability, For example, on their accounts. In this case, the withdrawal of the required amount should be monitored.
• It is also possible to donate money to buy housing, which should be notarized. In the case of litigation during a divorce, your partner will not be able to prove (or it will be much more complicated) that the money was spent jointly acquired, and not the money of a relative. To avoid errors, you should contact a proven notary.

How not to share housing during a divorce bought in marriage: Separate accommodation

• There is another point when housing is not divided during a divorce, although the spouses are in an official marriage - Separate accommodation needs to be proved. For this basis, there is article 38 of part 4 of the Family Code of the Russian Federation.
• Although the solution seems very simple, but you need documented That the spouses live in different apartments/houses, do not maintain family relations and do not dispose of common finances.
• At the same time, the words of the neighbors are taken into account, but you need to present certificates from the place of residence, work or study of children, etc.
• In your favor, the fact of funds from the sale of personal property or upon receipt from relatives will also play. But only With documentary or notarization. If you do not prove that you earned or collected this amount during a separate residence, then the court may calculate the purchase for the total money.

Important: similar moments are very common, but these are these cases that have great risks! The court, depending on the evidence, may make a decision both in your favor and the benefits of common property between spouses. Therefore, all the papers about receiving, giving or saving money always save and make copies!

Since each situation is individual, it is better to consult an experienced divorce lawyer. He can help you understand how laws will be applied in your specific situation. Well, best you love each other, and let your families be strong!

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