Husband is the owner of the apartment - what rights does the wife have in 2021?

During a divorce, the issue of property division remains relevant. At the same time, there are always many nuances in disputes regarding real estate. Difficulties arise in cases where housing was privatized after marriage, or the couple has children for whom shares in the residential premises are allocated, or the apartment was purchased during marriage, but there is only one owner. Let's consider how real estate is divided in such circumstances.

Legislation

According to the Family Code, which regulates legal and property relations between spouses, there are several possible options when a wife will have a different list of rights to her husband’s apartment.
It all depends on the circumstances under which the husband became the owner of residential property. Main options:

1. The housing was purchased while the spouses were in an official family union.
2. The apartment was purchased by the husband before marriage.
3. The residential property was inherited by the husband or given as a gift.
4. If the apartment has been privatized.

Thus, we can distinguish 4 main options in which the rights of the spouse will be different. Besides this, of course, each of them has its own nuances.

Having rights to an apartment implies the ability to live in it, use it for its intended purpose, and also dispose of it at your own discretion.

The main rights enjoyed by owners include:

• the ability to register other people in housing and forcibly discharge them if necessary;
• the opportunity to live directly in the apartment;
• the ability to alienate housing under various contracts, as well as receive income from it for renting out;
• the opportunity to carry out redevelopment in the apartment by legal means and register it.

If the wife does not have legal rights to her husband’s apartment, then she does not have the right to exercise these opportunities.

And if she has equal rights with him, then his consent is required to carry out most actions.

Law on division of property after divorce

If you look at the division of property between spouses, at first glance you may not notice any difficulties. Moreover, given the fact that this entire process is clearly regulated at the legislative level.

If we consider this situation briefly, we can distinguish several options for dividing such property:

• A marriage contract has been concluded. In this case, during a divorce, the property is divided according to the conditions specified in this document;
• If the spouses have not entered into a marriage contract, then half of the property is taken by the owner, and the remaining half by the person living together and using the property.

Accordingly, if no disagreements arise between the spouses, they may well separate peacefully and independently divide all their belongings. In such a situation, they simply divide all their property into two equal parts; in addition, it is possible to conclude a special division agreement. However, such a document will be expensive for divorcing spouses, because it must be certified by a notary office.

If the property was gifted to one of the spouses, it remains his property.

It does not matter when exactly the owner received such a gift - before marriage or during it. It would seem that it is quite possible to sort out such a situation without involving the court. However, in practice, there is one unpleasant moment, which is often the source of most of the scandals that occur between spouses during the division of property.

The whole point is that at the legislative level a condition has been established according to which the owner of the property has the right to dispose of it, and members of his family can use it. But how to interpret this law? Does this mean that the spouse does not have the right to independently dispose of the apartment? It is worth considering this situation in more detail.

What cannot be divided

How is an apartment divided during a divorce if the husband is the owner?

Federal number for other regions of Russia

Officially married

It is important to know that Family Law provides for such a concept as joint ownership of property. Such property also includes any real estate.

As a general rule, all property acquired by spouses during marriage is considered community property. They have the same rights and responsibilities. In this case, it can be issued for any spouse, or for two in certain proportions.

The order of division does not matter, since as long as they live together, they can each own, use and dispose of all property with equal rights, limited by the rights of the second spouse.

The procedure for purchasing an apartment by one spouse may be as follows:

• under a purchase and sale agreement with the former owner;
• under a share participation agreement in the construction of an apartment building.

There will be no differences between these two types of contracts for the wife if all funds were paid at the time of their marriage.

But there are situations when part of the funds were deposited before the marriage was registered . In this case, during a divorce, the woman’s share in this apartment may be less than half.

But if the registration of the transaction was carried out during marriage, then the wife will have equal rights with the husband.

If a marriage contract is drawn up between a husband and wife, it may provide for the following options for a woman’s rights:

• she may have the same rights with her husband on the basis of this contract, and may also have a certain share in this apartment;
• the wife’s rights may be partially or completely limited by the contract, and she may also have no share in the property at all;
• Certain rights of the wife and the availability of a share can be changed when specific circumstances arise, as specified in this contract.

This document is certified by a notary and one copy is kept with him. Drawing up a marriage contract indicates that the spouses voluntarily entered into this agreement.

In this case, the woman's rights will depend on the presence or absence of a marriage contract. If the contract is not signed or does not govern the relationship, the law always applies.

Depending on this, you need to understand whether the wife has the right to an apartment if the owner of the apartment is the husband.

Mortgage issues

One of the most pressing issues is always the mortgage.

This is due to the fact that most of these loans are issued for long periods of 15-30 years.

And during this time, various family circumstances occur in the family life of many couples. And you need to pay for your obligations.

Besides this, there is also the following problem:

1. Some banks specifically do not include a wife in the mortgage agreement if she has no income (for example, while on maternity leave). Accordingly, according to the documents, only the husband is the borrower and owner of the property.
2. If it is necessary to sell an apartment, the mandatory consent of the bank will be required, and it is almost impossible to obtain it, since this property is collateral and the only security for the obligation. Accordingly, in the event of a divorce, the couple will not be able to get rid of the mortgage by simply selling the apartment. Since the question will initially arise about full repayment of the debt and only then about the removal of the encumbrance and the possibility of registering the purchase and sale transaction.
3. The obligations assumed during marriage will have to be paid in half upon divorce. Although in some cases the court may decide that the spouse left with the child will pay less.

Based on this, we can conclude that the wife will have equal rights to the purchased apartment under the mortgage.

But at the same time, regardless of her direct participation in the mortgage agreement, she will also have obligations to repay this debt together with her husband. Since their family budget, while they are married, is considered common.

However, drawing up a prenuptial agreement before purchasing an apartment with a mortgage can change this situation. It may specify other conditions, rights and obligations.

But the bank must know that a marriage contract has been concluded between the spouses, which stipulates these points.

In this case, the bank may require the spouses to make payments on the mortgage loan based on the conditions specified in the marriage contract.

Maternal capital

Often married couples are faced with a government program under which they receive funds in the amount of 453,026 rubles. Their use is strictly targeted and one of the options is the purchase of housing.

If the purchase of an apartment is carried out with the participation of mortgage funds, then the bank may also not include the wife in the mortgage agreement. But she will have the same rights to the apartment as her husband.

In addition, the home buyer must do the following:

1. Write an undertaking and have it certified by a notary stating that after full payment of the mortgage loan, shares in the purchased apartment will be allocated to the wife and two children.
2. This obligation must be deposited with the Pension Fund.
3. In the future, the Pension Fund regularly checks the fulfillment of this obligation after the mortgage is fully repaid.
4. If the obligation is not fulfilled within the established six-month period, the violators will be held accountable.

The format of liability can be different, from accusations of fraud to declaring the transaction invalid with its complete termination and reclaiming capital funds through the court.

Purchasing real estate using family budget funds

When purchasing an apartment or house with the wife’s personal funds or by financing the transaction from the family budget, with the subsequent registration of real estate in the name of the spouse, it will be joint property. In the event of a divorce, the property will be divided on a general basis.

If the apartment has been renovated

A man purchases an apartment before marriage, but after registering the marriage, the woman contributed a significant portion of her personal funds to carry out repair work. As a result, the cost of the apartment has increased significantly. In this case, during a divorce, she has the right to claim compensation, but she will have to prove the fact of participation in the repair work by providing all the necessary certificates and papers.

Sometimes it becomes necessary to use the help of professional appraisers.

The law does not establish strict rules and requirements regarding what repair costs are considered significant for obtaining financial compensation. For this reason, this issue will have to be resolved in court.

Practice shows that the following works are significant:

• major repairs;
• re-equipping the apartment with engineering equipment;
• carrying out redevelopment.

If the court satisfies the woman's claims, she will receive half of the money spent on repair work.

If the woman is registered in the apartment

The husband buys an apartment before marriage, and after registering the family relationship, he registers the woman in the apartment. After the divorce, she has no right to claim a share in the housing, explaining her demands only by the fact that her husband registered her in the apartment. Registration gives the right to use residential premises, and this right disappears upon divorce.

If a woman refuses to leave the living quarters, the husband has the right to go to court and force his ex-wife to be discharged. The maximum a woman can count on is for the court to set a certain period during which she will look for a new place of residence.

Repairs that exceed the value of the home

Residential real estate requires maintaining the integrity of the structure of the premises, the functionality of its elements, as well as the aesthetic appearance. To carry out these tasks, financial investments are required in the purchase of building materials and in the implementation of repair, reconstruction and redevelopment work.

If the apartment or house is owned by the husband and belongs to the category of indivisible real estate, but during the marriage the wife’s funds were invested in repair work, the cost of which exceeded the original value of the property, then the court will classify it as a common value.

Purchase before marriage

If the husband became the owner of the property before entering into an official marriage, then he is its sole owner. Accordingly, the wife has no legal rights to this apartment.

A man can register his wife in his apartment, which will give her the legal right to live there, as well as register their children.

However, when controversial situations arise, the question often arises as to whether a husband can write his wife out without her consent if he is the owner. Indeed, it is possible.

The owner has the right to dispose of his property as he wishes. Therefore, only those citizens who live with him and whom he wishes to register should be registered in his apartment.

But there is a nuance with children. If a couple has minor children, and they were registered with their mother at this address, then they cannot be discharged just like that.

The legislation strictly protects the rights of children, therefore, if the father of the children is himself registered in this apartment, he can only register his wife.

But upon further registration, the mother has the right to change the place of their registration, or leave it the same.

Another nuance may be when the apartment was purchased before marriage, but subsequently the second spouse spent significant funds on improving it, after which the value of the property increased significantly.

In this case, spouses can do the following:

1. Draw up a marriage contract, according to which a certain share of the apartment will be transferred. In case of divorce, the wife will have rights to it in accordance with the allocated share.
2. A wife who has spent money on renovations can make an independent assessment of the home, while also retaining all documentary evidence of her investments during the marriage. After this, during a divorce, she can demand compensation for her expenses, or demand a share of housing.
3. During the marriage, or after its breakup, spouses, by mutual consent, can re-register the shares of each of them on the basis of a gift agreement.

In any case, if the property is registered in the name of the husband, and the stamp in the passport confirming the marriage is placed later, the woman will only have to prove her rights through the court if the husband interferes with their implementation. And the burden of proving these rights will be placed on the wife.

Privatization

Before privatization, real estate belongs to the state or municipal authorities . During the privatization process, the state transfers ownership of it to the new owner free of charge.

Before the privatization of an apartment, the right to reside in this housing is granted to citizens on the basis of a social tenancy agreement, or on the basis of other agreements.

Accordingly, the privatization procedure is the procedure for a person to take ownership.

If the husband managed to enter into these rights before registering the marriage, then in the event of a divorce the wife will not be able to claim any rights to this apartment.

But if privatization took place after the official registration of the marriage, and the wife renounced her share in favor of her husband, then after the divorce she is not subject to eviction. She will also have the right to live in this apartment, even if there is a change of ownership.

Further rights of the wife can be determined, as in previous cases:

• marriage contract;
• expensive repairs that increased the cost of housing;
• directly donated and registered share by the husband to the wife.

Therefore, the answer to the question of whether a husband can sell an apartment without his wife’s consent, if he is the owner, will be positive.

The husband can carry out any transactions with his property if it was acquired before marriage.

The main decisive factor in all circumstances, according to the Family Law 2021, is the purchase or privatization of housing in an officially registered marriage.

In this case, the wife will have equal rights, regardless of which of them the real estate was registered in.

In fact, as long as the couple is married, it is not so important which spouse has what rights . Because as long as they live under the same roof, they provide each other with the same rights.

But as soon as disagreements begin between them, and it comes to divorce, then everyone tries to protect their rights.

To avoid such situations, the easiest way is to enter into prenuptial agreements in which all these issues will be settled in advance.

Similar articles:

• How to enter into an inheritance after the death of a father without a will?
• How to sell an apartment with a minor share owner?
• How to arrange an inheritance after the death of a mother?
• How to refuse privatization in favor of parents?
• Can parents' property be confiscated for children's debts?

• Previous entry How to properly register an inheritance after the death of a husband?
• Next entry Can a wife’s property be seized for her husband’s debts?

3 comments to the article “What rights does a wife have to an apartment if the owner is a husband?”

1. V
   Chaika writes:

   Married for 37 years. A deed of gift was issued to the husband, privatization was carried out and expensive repairs were made, almost the cost of the house. During this time, the husband also purchased two expensive cars. I, the wife, except for serious illnesses, barely registered in this house 3 years ago, during privatization. Every year, I need treatment in a hospital and in a sanatorium in order to be on my feet, but my husband is not satisfied with this. After the renovation, he announced that after the New Year, he would buy me a one-room apartment and evict me. What rights do I have and what should I do? I don’t have the health to start all over again.

   Answer

   V

   Svetlana writes:

   I would simply file a lawsuit asking to divide the house and property. As the court decides, so it will be. If your husband wants to buy you an apartment and divorce you, what will you do for treatment? It seems to me that you don’t need to divorce him at all, does he really have the conscience to not help you with treatment at all?? You spent half your life on him, arranging his life and washing his underpants, sorry!!

   Answer

2. V

   Anonymous writes:

   I have been married for 23 years. The house was in the name of my husband’s father and the two of them were registered. My husband and my three children were not registered. The father said against me and the children being registered with my mother. My father-in-law died and everything was registered as a deed of gift to my husband. Now he demands a divorce and that I I vacated the house because he is selling it and the fact that neither I nor the children have any rights. What to do, where to go with the children without a penny. My mother won’t let me in either, because my sister lives there with her family. All my life I worked on my husband’s farm, obviously I didn’t see all the money from him. All my loans were issued to me. I refused the divorce, the beatings began every day. What can I do, even if I’m in a noose. I’m 42 years old, my life has passed, I haven’t gained anything, and it’s too late.

   Answer

If there is a child in the marriage

The Family Code (Article 60) establishes that a child has no right to the property of his parents. Likewise, parents cannot claim the property of their children. Based on these provisions, the presence of a child in the family will not affect the division of property in any way. This means that if it was acquired during marriage and is jointly acquired, it will be divided in half, provided that the marriage contract or settlement agreement on division has not established otherwise.

If minor children own property (for example, they got a share in a privatized apartment), then it is not divided between the parents. A different order cannot be established either by agreement or contract. This property is subsequently disposed of by the parent with whom the child remains after the divorce, and only with the consent of the guardianship and trusteeship authorities.

There is only one option when the court can deviate from the rule of equal shares in the division of joint property in the presence of a minor child. It is possible during the division of housing (Article 39 of the RF IC). If the parent with whom the child remains has a much worse financial base compared to the second, then he may be allocated a larger share in the apartment. But according to a court decision, the spouse (or husband), and not the child, will receive ownership rights to it.

Legislative regulation

In Family Law, the interests of all participants in the divorce process are protected, since equal rights are interpreted for them.

Regulatory and legal sources regulate the relationship of values ​​acquired during marriage to joint property, since the funds of both spouses were invested in their purchase.

If real estate was donated or inherited, then it is assessed as property registered before the marriage, even if the future spouses were in a civil marriage at that time.

The other half can only claim sole ownership in exceptional situations through the courts.

How to divide an apartment owned by the husband and does the wife have the right to it?

The property division procedure is carried out by spouses who are married during the divorce process at the time of initiation of the procedure or after its completion.

If the apartment belongs to the category of joint property, then it can be divided:

• in accordance with the provisions of the marriage contract;
• By the tribunal's decision;
• according to the settlement agreement.

In order to challenge the ex-spouse’s right to sole ownership of valuables, one must be able to prove facts that may render his arguments irrelevant.

In order to claim the property of the former spouse, the wife will have to document her right of ownership, as well as obtain testimony from relatives and family friends who are ready to confirm the fact of events that could be used as evidence.

Trial

It is possible to divide real estate in court, but this will cost significantly more. True, the plaintiff, who pays the state fee, has every right, if the case wins, to demand compensation from the defendant for the amount spent.

1. Conduct a real estate appraisal. As in the case of a voluntary agreement, this is necessary to determine the amount of the state fee.
2. Draw up a statement of claim (see sample below).
3. Send an application to the court at the place of registration or location of the disputed property.
4. Pay the state fee.
5. Wait for the court's decision (it is recommended to attend the hearing). If the situation is complex/controversial, it is better to seek the services of a divorce lawyer.
6. Act in accordance with the court decision. If one of the parties refuses to fulfill its obligations specified in the court decision, it can be forced with the help of the enforcement service.

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Inheritance or gift

When one spouse receives an apartment by inheritance, he becomes the sole owner, regardless of how it was formalized:

• by will;
• or by law.

This rule applies in cases where the law or will itself does not provide for ownership by several persons. The second spouse cannot claim this housing if it is not included in the will.

In some cases, testators can bequeath their housing not only to one person, but also to his wife and children . Only in this case will the wife be able to claim rights to the extent that she was granted under the will.

If the husband received the apartment as a gift under the appropriate agreement, then the wife also remains out of work. She will have no rights to such property.

Therefore, if the question arises about whether a husband can donate an apartment without the consent of his wife, then the answer will be positive.

The husband should not receive anyone’s consent if he is the sole owner of such real estate, regardless of whether he acquired this apartment during marriage or at another time.

But in all these cases, the following circumstances apply under which the wife can receive a certain share of rights:

1. If a marriage contract has been drawn up between the couple, which provides for the division of all property in certain proportions, even donated and bequeathed. Then, on the basis of this, the wife has the right, during a divorce, to formalize part of her rights to this housing. Accordingly, when making any transactions with property, the written consent of the wife will be required.
2. If the wife made significant investments in the apartment, after which its value increased significantly. In this case, the wife can seize part of the husband’s rights to this apartment, and the court will oblige the husband to compensate the wife for these expenses. But it is worth remembering that all expenses spent during family life are divided in half, so only half of them will need to be compensated. This rule applies unless otherwise provided by the marriage contract.
3. If the husband voluntarily donated a certain share of the apartment to his wife, a corresponding registration entry was made.

In all these cases, the wife will be able to obtain certain rights to the apartment. But in their absence, all inherited property and those received as a gift belong only to the immediate recipient.

What to do if there is no agreement between spouses?

If the apartment was bought in the name of the wife, is the husband entitled to a share in the event of a divorce? Then you need to go to court and resolve the issue there. It is recommended that you consult with a legal practitioner in advance to understand the likelihood of a favorable outcome. He will tell you whether it makes sense to sue your spouse and help represent the client’s interests in court. It is worth noting that spouses often enter into an agreement according to which the property is completely provided to the wife and children. In this case, the spouse waives her right to receive alimony.

It all depends on a number of factors that are taken into account during a divorce.

Peaceful agreement

In the absence of a prenuptial agreement, spouses can peacefully resolve problematic property issues by drawing up an agreement on the division of property.

The procedure is carried out at the mutual desire of the parties and does not require the intervention of third parties, since in this way the spouses independently distribute property taking into account external circumstances.

To prevent future conflict situations related to challenging the provisions of the document, it is recommended that it be notarized and registered in the manner prescribed by law.

Procedure for going to court

If a woman is sure that she has the right to claim a share in housing or financial compensation, then she will need to go to the magistrate’s court if the cost of the claim is up to 50 thousand rubles. If the amount is larger, then - to the district or city.

You must contact the address where the common property is located. If there are several controversial objects, then the woman can choose any address.

The claim should include the following information:

1. name of the court, address of its location;
2. information about yourself and your husband: full name without abbreviations, residential addresses, contact information (phone number, email name);
3. description of the current life circumstances: when the disputed property was acquired, what grounds exist for recognizing it as common;
4. bringing evidence, making demands;
5. a request to divide the disputed apartment or oblige the spouse to pay the woman financial compensation;
6. list of attached documentation;
7. date of sending the claim to court, signature of the applicant.

At the same time, you can put forward a request to collect alimony from the man (if there are children) and to dissolve the marriage. Spouses who are still officially married have the right to file a claim for division of property.

Required documents include the following:

• claim;
• passport;
• marriage registration certificate;
• title documentation for the disputed apartment, extract from the Unified State Register of Real Estate;
• expert opinion from an independent appraisal company on the cost of the apartment;
• information about the current value of the property for calculating the state duty (its minimum amount is 300 rubles, so you can pay this amount first, and then the missing amount along the way);
• a receipt establishing the fact of payment of the state duty.

This list of documents is not exhaustive - depending on the situation, other certificates and papers may be required. For example, if a woman is not able to file a claim on her own or take part in the trial of a case, then she can use the help of her representative.

She will have to draw up a power of attorney and have it certified by an employee of a notary agency. The power of attorney is attached to the general list of documents.

Judicial outcome

In the event of conflicts between spouses during the divorce process, it is impossible to reach a consensus on the distribution of property. Difficulties can also be caused by the life circumstances of the couple, which determine the division of possessions according to a non-standard scheme.

In such situations, a solution to the problem is possible only in court.

The interested party draws up a statement of claim and submits it to the court at the defendant’s place of residence. Representatives of authorized bodies will competently solve the task assigned to them and will distribute property taking into account the interests of persons in need of additional protection.

How to avoid division of property during divorce

The way to avoid controversial situations during a divorce is to draw up a prenuptial agreement. The document indicates all the features and nuances of the use of personal and common property, and the division of property during a divorce.

A prenuptial agreement can only be drawn up before marriage or during its validity, but not after a divorce.

However, if there are compelling reasons, a woman has the opportunity to challenge the marriage contract.

The grounds for recognition of a document are as follows:

1. the document is not certified by an employee of a notary agency;
2. one of the spouses was incapacitated at the time the contract was concluded;
3. the provisions specified in the contract significantly limit or violate the legal property rights of the spouse;
4. the agreement contains conditions that contradict the law.

The grounds for challenging a marriage contract are as follows:

• at the time of concluding the marriage contract, the woman did not realize the significance of the actions being taken (reasons: drug/alcohol intoxication, illness, nervous breakdown);
• the contract was concluded with a person whose legal capacity was partially limited;
• the document was drawn up as a result of threats, violence or deception - that is, the woman did not take this step of her own free will;
• the document was drawn up as a result of a mistake (the woman did not realize what legal consequences the conclusion of the contract would lead to).

To challenge a document in court, a woman will need to draw up a claim, indicating in the document the prevailing circumstances and the grounds for invalidating the contract. The list of attached documents is standard (marriage/divorce certificate, passport, title documentation for the apartment and other certificates).

You will need to go to the world or district court (depending on the cost of the claim) at the defendant’s residential address. You can also file a claim at the location of the disputed apartment or at your residential address.

The limitation period for obtaining legal assistance is 12 months from the moment the woman learned of the violation of her property rights. This can happen during a marriage or after its dissolution.

Separation options

There are several ways to divide property.

The main options are discussed in the table:

In what cases is an apartment not divided during a divorce?

The law establishes that in some cases an apartment will not be divided between spouses, even if it was acquired during marriage. These include:

• the apartment was purchased by one of the spouses before marriage and during the existence of the family no significant funds from the family budget (for example, for repairs) were spent on it;
• the property was purchased entirely with the personal money of one of the spouses, for example, that which he received from the sale of his own property;
• housing became property under a gift or inheritance agreement;
• the apartment was registered as a military mortgage, and all payments on it were made by the state without using funds from the family budget.

In some cases, the court will not divide the apartment, but may make a decision according to which the owner will be obliged to pay monetary compensation to the spouse. Provided that joint money was invested in this property not to purchase it, but to improve it.

What property is not subject to division?

The spouse's property is not subject to division if it belongs to the category of sole property and claims cannot be made against it on the part of the wife due to the presence of common children, financing of repairs or providing conditions for the family to live at the time of investment of the husband's funds in real estate.

Under such conditions, regulatory legal acts define the signs of indivisibility of values:

• gifted or inherited;
• acquired before marriage;
• intellectual property.

It is impossible to divide property used under a social tenancy agreement, rented or issued for temporary residence. Neither spouse has rights to it.

Examples

Before marriage, the husband purchased a car, which the wife also used during the marriage, but after the divorce, the car remained the property of the husband.

With the money accumulated by the wife before marriage in a deposit account, furniture and household appliances were purchased to improve the joint apartment. After the divorce, the spouses divided the apartment, but all other property purchased with the wife’s personal money became her personal property.

The couple lived together in the apartment, which the wife inherited from her grandmother. The husband was registered in the living space, so after the divorce he demanded that his share be allocated.

However, the apartment remained the personal property of the wife - according to Article 36 of the RF IC, it is not subject to division.

However, there are exceptions to the general rule that a husband or wife has undivided ownership of property acquired before marriage.

According to Art. 37 of the RF IC and clause 2 of Article 256 of the Civil Code of the Russian Federation, the personal property of one spouse can be recognized as joint if, at the expense of the second spouse or joint funds, this property has been improved (repaired, reconstructed), as a result of which the value has increased significantly.

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Additional features and nuances

If a man independently saved money to purchase an apartment, but bought housing only after registering his marriage, then it becomes common. It will be difficult for him to prove the fact that the apartment was purchased exclusively with his funds.

If a man bought a home before marriage, but received official owner status after the marriage was registered, he will need to provide the court with documents that prove the fact that the payment was made before marriage. If you have payment documents, the apartment will not become common marital property.

Irrational use of the budget

The spouse's property may change its status from sole ownership to community property if, during the marriage, the spouse led an immoral lifestyle.

If his irrational use of family budget funds led to a deterioration in his wife’s well-being, then, as compensation for failure to maintain the premises in proper condition and irrational use of the family budget, the funds of which were not used to solve joint problems, the property is transferred through the courts to the category of joint ownership.

Let's sum it up

Thus, in some situations, a woman may receive financial compensation or a share in housing. But it is necessary that the grounds for recognizing this fact are truly compelling. Such controversial cases are considered in court. A woman has no right to apply for an apartment only because of her registration in it.

Sources

• https://semeinoe-pravo.net/sobstvennik-kvartiry-muzh-kakie-prava-imeet-zhena/
• https://o-nedvizhke.ru/kvartira/obshhie-voprosy/kvartira-v-sobstvennosti-u-muzha-kakie-prava-imeet-zhena.html
• https://101zakon.ru/rastorzhenie-braka/razdel-imushhestva/kvartira-v-sobstvennosti-muzha-imeet-li-na-nee-pravo-zhena/
• https://pravovoiexpert.ru/razdel-imushhestva/prava-zheny-na-kvartiru-kuplennuyu-do-braka/
• https://prosadidom.ru/nedvizhimost/registration/prava-zheny-esli-sobstvennik-kvartiry-muzh/
• https://razdel-imushhestva.org/nedvizhimost/sobstvennik-muzh.html