Division of an apartment after divorce: how to fairly calculate shares and avoid court.

The division of an apartment during a divorce often becomes a challenge for both parties. Legal issues intertwine with emotions, and a lack of agreement can turn the process into a prolonged and costly dispute. To avoid chaos and protect one's rights, it is essential to understand the legal aspects, possible ways of division, and the peculiarities of mortgaged property.

According to Article 60 of the , property acquired during marriage belongs to the spouses under the right of joint ownership. This means that an apartment bought during marriage is common, regardless of who it is registered to.

However, there are exceptions when the apartment is not divided:

• inherited;
• gifted to one of the spouses;
• acquired before marriage;
• purchased with personal funds of one of the spouses.

The division of real estate is not only a matter of law but also of fairness, so each case requires an individual approach, emphasizes lawyer .

Division of the apartment by mutual agreement

The fastest and least costly way is an agreement. The spouses can sign a notarized agreement on the division of real estate.

It specifies all terms: who receives the apartment, what compensation is paid to the other party, deadlines for execution.

The advantages of this approach are:

• savings in money and time;
• the ability to independently determine the terms;
• preserving relatively normal relations;
• quick resolution of the issue.

Division of the apartment through the court

If a compromise cannot be reached, the apartment is divided by court decision. As a general rule, the shares of the spouses are equal, but the court may deviate from this norm, considering the interests of children or exceptional circumstances.

Reasons for unequal division may include:

• the presence of minor children who remain with one of the parents;
• illness or disability of one of the spouses;
• hiding or damaging property;
• using the apartment to the detriment of family interests.

Buyout of a share in the apartment

One of the common options is when one spouse buys out the share of the other. This allows avoiding the sale of the property and maintaining stability for those living there. The main thing is to correctly determine the market value of the apartment to ensure the compensation amount is fair.

Sale of the apartment with distribution of funds

If buyout is not possible, the parties may sell the apartment to a third party. The received money is distributed in specified shares. This decision often appears to be the most objective, but it requires expenses for transaction registration and finding a buyer.

Division of a mortgaged apartment

Dividing property that is mortgaged is particularly complicated. Here, the relationship with the bank is an important factor.

Options for dividing a mortgaged apartment include:

• refinancing the loan to one of the spouses with compensation to the other;
• selling the apartment, repaying the loan, and dividing the remaining funds;
• joint repayment of the mortgage after divorce.

'The bank always has priority, and without its consent, it is impossible to resolve mortgage issues', notes Nikolaeva.

The division of an apartment during a divorce is a complex and often emotionally taxing process. It is important to consider all legal aspects and possible solutions to avoid unnecessary conflicts and ensure a fair division of property between the parties.