The Procedure For The Division Of Real Estate Between Spouses Can Be Changed

The Procedure For The Division Of Real Estate Between Spouses Can Be Changed
The Procedure For The Division Of Real Estate Between Spouses Can Be Changed

Video: The Procedure For The Division Of Real Estate Between Spouses Can Be Changed

Video: What Factors Affect a 50/50 Property Division Split in Divorce? 2022, December

In the near future, the real estate market may experience small but important changes. The fact is that the Public Chamber of the Russian Federation recommended the State Duma to adopt amendments to the Family Code, which simplify the division of property between former spouses.


We are talking about making an entry in the Unified State Register of Real Estate Rights (USRN) that real estate is in joint use. This will be done so that in the event of a divorce, one of the spouses cannot sell it, without the consent of the other.

An interesting point - business assets owned by one of the spouses will not be shared. Instead, one of the spouses will receive monetary compensation, determined by the court "based on needs".

There is one more curious thing - after the changes, during the divorce, the provisions of the marriage contract can also be challenged. But only if they are considered unfair. If the amendments are adopted, the court will have the right to amend the prenuptial agreement and change the ratio of the shares of property owed to the spouses after the divorce.

It should be noted that the State Duma was wary of this initiative. So, the deputy chairman of the State Duma committee on family, women and children Elena Vtorygina called for an accurate approach to changes in the Family Code. And especially with regard to the prenuptial agreement.

"There are a lot of initiatives from all sides, and we will, of course, consider everything. Everything that concerns the family must be done very carefully, especially those related to marriage contracts," she said.

The director of the sales office of the secondary real estate company Est-a-Tet, lawyer Yulia Dymova notes that without any changes there is an initiative to challenge the marriage contract. After all, a marriage contract is a transaction, therefore, it can be challenged on the basis of infringing on the interests of the other spouse.

"If the changes are adopted, the main plus is that it will be possible to enter information into the Unified State Register. But to divide business assets or not to divide - there should be a certain variability in this issue for cases when business and assets are registered in the name of a spouse, and all business is handled by her husband, "says Yulia Dymova.

According to the expert, when dividing property, it would be more correct to introduce an understanding that there are divisible and indivisible things. For example, a one-room apartment and a car cannot be divided in half, or if children who stay with their mother after the divorce are registered in a one-room apartment during a divorce, then you can give her at least some advantage in order to protect their rights to the future.

In turn, lawyer Oleg Sukhov believes that the proposed changes to the Family Code will lead to positive results and will make the process of registering real estate acquired in marriage more transparent. According to existing laws, property can be registered in the name of one of the spouses, but in fact be joint property. However, this information is not contained in the USRN - the buyer of an apartment has to establish information about the seller's marital status at the time of purchasing the apartment himself.

In principle, this is not very difficult to do, but only if the information is not hidden by the seller. Otherwise, the buyer will certainly face claims from the second spouse, who did not give permission to sell. The changes, according to the expert, imply the registration of property under compensated transactions only in joint or shared ownership. Others may be provided for in a marriage contract or an agreement on the division of property.

"Also, the changes assume that business assets will not be shared - the second spouse will receive compensation.This is also a positive moment - most often the division of assets is economically inexpedient, and the rules on compensation in this case are very useful, "sums up Oleg Sukhov.

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