Family life can develop differently. Some couples live all life in perfect harmony, and others, alas, cannot do it. Marriage gradually falls, close people turn into strangers. Yesterday's spouses begin to divide everything that is around, and first of all – the apartment.
Instruction
1. Division of a living space – difficult and quite labor-intensive process which is much simpler for solving peacefully, considering the interests of both parties. The appeal to judicial authorities will hardly help to solve a problem, it is rather on the contrary, one of spouses for certain will remain in loss.
2. After marriage all that spouses got in any way is their common property and at a divorce is subject to the section. This rule does not concern those things which were received gratuitously, and this fact was documented. In particular, if parents presented to the married son (or the married daughter) the apartment, his wife (or her husband) has no right for a share of this living space even if she (he) live in these premises.
3. If your purpose is to move the former spouse, then it is necessary to approach it thoroughly. If your yesterday's partner in marriage has no housing, you will be able to expel him from your lawful square meters only by a court decision. In certain cases the homeless spouse is granted a delay on eviction till 1 year.
4. If you manage to prove the fact that your ex-spouse did not work, but at the same time spent your money, especially them apart from, the rights of your yesterday's partner in life for receiving a share in the apartment (and in general all dividend) can be reduced by court. This rule has an exception – if the former spouse is able to prove that he worked on economy or looked after the children who did not reach majority, search of his fault will be vain – the court will consider its reasons not to work with quite convincing.
5. Minor offsprings often are a stumbling block at a divorce. Most often they remain with mother who automatically acquires the big rights for a divisible living space. In case you in common raised children from different marriages, the issue of distribution of shares in the apartment will be resolved in a different way, but anyway the court will consider the rights and the interests of children.