One of the most common issues during a divorce is the division of property. And being in a relationship, you can do the same. The process of dividing joint property occurs both voluntarily and through the court. Division of property between spouses in the case of an unfinished house - further.
Division of property between spouses. How does it happen?
Voluntary procedure - an agreement between spouses with a definition of the right to each. That is, consent and a specific division of shares between them. In this case, the spouses conclude an agreement on the division of real estate according to these shares. The document is certified by a notary. Regarding the conditions of division, this can be done even in marriage.
If they cannot reach an agreement, the issue is resolved in court. In turn, the court determines the following:
- the amount of jointly acquired property, where division is the subject of dispute;
- ascertaining the source and time when the property was acquired;
- the size of the shares of property of each spouse;
- by the method of dividing property according to the size of the shares.
Civil law states that the shares of property of the wife and husband are equal, unless otherwise specified in the marriage contract.
However, the court may depart from the principle of equality of shares. This is if there are weighty circumstances. In particular:
- one of the spouses did not care about the financial security of the family;
- did not participate in the maintenance of the child;
- hid, destroyed or damaged common property;
- spent, causing harm to the family.
The court may also increase the share of property. This is provided that children live with one of them. This also applies to cases where there are disabled adult children. However, the condition is that the amount of alimony is not enough for important needs.
When dividing property, the court determines whether it is technically feasible. That is, whether this division is real. This refers to the technical possibility of dividing one object into two separate ones. If this is not possible, then one of the spouses may be awarded monetary compensation. This is instead of a share in the right of joint ownership of the property. At the same time, only with the consent of the parties. If the latter is not available, then each will be awarded ½ share.
Division of property between spouses. What to do with unfinished construction?
If the division concerns unfinished construction, then resolving the situation becomes more complicated. After all, the object acquires the legal status of a residential building after it is put into operation and from the moment of state registration of the relevant right. Until this moment, the unfinished object is just building materials in a pile.
In this case, civil rights and obligations may arise, thus such property may have the right of joint ownership. Thus, it is possible to divide the object.
Another important thing is how ready the object is, that is, at what stage. The following is taken into account:
- building materials for construction;
- the house is partially built;
- The building is completed, but it has not been put into operation and the ownership rights have not been registered.
To determine the degree of readiness, a construction and technical inspection is carried out. examination. Taking into account its conclusions, at the request of one of the spouses, the court may divide the unfinished construction object. If this is not possible, then one party may be left with the building materials and structural elements of the house, and the other may be awarded monetary compensation.
It is not difficult to verify whether real estate was purchased during cohabitation. The court only needs to establish the date of conclusion of the contract (e.g., purchase and sale).
Situations are common when construction was started before the marriage was concluded. That is, it was completed after the dissolution of the relationship. It is more difficult to resolve the dispute if the house was built by the spouses before the marriage was dissolved. And it was put into operation and registered by one of the members of the former spouses after its dissolution. In such a situation, the presumption of joint joint ownership of the spouses does not apply. In this case, the person wishing to divide the property must prove that the disputed house is an object of joint law. Because it was built with joint funds and during the marriage period.
In conclusion, the spouses have the right to divide the unfinished construction object. However, the court will determine how.
If you need legal assistance, you can get information about consulting on the page Distribution of property.