Divorce is simply a hard process, and 1 of the most crucial questions is the issue of housing. Who has the right to a place after marriage? What solutions are provided for by law, and what is the decision of the court? In the article, we discuss the rules for the division of a divorce flat in accordance with the Code of household and Care.
Divide the flat after the divorce – what are your options?
According to Article 58(2) KRIOif the spouses are surviving together, the court decides to proceed utilizing it after the divorce. It may also, at the agreement of the parties, grant the premises to 1 of the spouses or divide them, if possible.
1. Granting an flat to 1 of the spouses
The court may regulation that the flat is transferred to 1 party, provided that the another agrees to leave the premises without the right to a replacement.
2. Division of the apartment
If method conditions allow, the court may divide the premises into separate parts, allowing both spouses to proceed utilizing them.
3. Expatriation
In exceptional cases, where 1 of the spouses is grossly violating the rules of sexual intercourse, the court may order his eviction. This applies to cases where it is impossible to proceed surviving together due to aggressive or harmful behaviour.
When does the court decide on the right to an apartment?
First of all, the Court takes into account Children’s welfare and the needs of the spouse entrusted with their care. If there are minors in the marriage, the court tries to supply them with unchangeable surviving conditions, frequently granting their home to a parent who has primary care.
Children's welfare and the right to a place
According to Article 58(4) KRIO, the court shall take account of the needs of the children and of the spouse concerned. If the premises are the children's residence, the court seeks to keep them in a acquainted environment.
Does the property position matter?
Yes – whether the premises constitute common assetswhether personal, affects the decision of the court. The flat acquired during matrimony usually forms part of the common property, while the flat purchased before the matrimony may belong to the individual property of 1 of the spouses.
Summary
The division of a divorce flat is simply a complicated issue, especially erstwhile the parties have conflicting interests. Helpworthy a lawyer specialising in household lawthat will aid safe your rights and guide you through a lawsuit.
In case of doubt, it is worth consulting a lawyer to avoid unnecessary disputes.The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.
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