What won't you do for good shots? Many enterprises provide their employees with excellent working conditions: they pay well, do not force them to work overtime, and even provide office apartments for use. Not only the worker himself, but also his family can live in these premises. They are jointly responsible for its safety and pay utilities while the employee to whom the housing is assigned is registered with the enterprise. The rules for using a service apartment exclude the possibility of anyone other than family members living in it. But today husband and wife live in perfect harmony, and tomorrow they can run away. And then the housing issue will immediately arise: how to divide office housing during a divorce?
What difficulties may arise when divorcing a military personnel?
I want to file for divorce from my military husband. We have a 6 year old daughter. Tell me what I might encounter? What are the features of such a divorce? 06 February 2014, 10:42, question No. 359232 olgatamoeva,
Murmansk Collapse Online legal consultation Response on the website within 15 minutes Answers from lawyers (1) 218 answers 62 reviews Chat Free assessment of your situation Lawyer, Murmansk
Rostov-on-Don Free assessment of your situation Hello, there are no special features when divorcing a military man. Article 21 SK. Divorce of marriage in court 1. Divorce of marriage is carried out in court if the spouses have common minor children, except for the cases provided for in paragraph 2 of Article 19 of this Code, or in the absence of the consent of one of the spouses to dissolve the marriage.
2. Divorce is carried out in
Peculiarities of divorce from a military personnel
Divorcing a military member is no different from divorcing a person who is not serving in the military. The process is regulated by the Family Code. Divorce occurs through the registry office or through the court, depending on joint property, the presence of minor children and other conditions.
The main feature of divorce from a military personnel is that in some cases the spouse cannot attend court hearings.
Through the registry office
If the spouses agree to divorce and they do not have children under 18 years of age and/or disputes regarding jointly acquired property, the divorce is carried out through the registry office.
If the spouse cannot appear at the registry office, separate applications will be required. The signature of a spouse who cannot come to submit the application is certified by a notary. The exception is when the document is sent through the single portal “State Services”.
The notarized application is sent to the other spouse along with a receipt for payment of the fee.
Through the court
If minor children live with the plaintiff or the plaintiff is unable to travel to the defendant’s place of residence, an application for divorce can be filed at the plaintiff’s place of residence.
If it is assumed that any real estate will be divided during a divorce, the application is always filed at the location of the real estate.
If the spouses have settled all property issues, the magistrate's court can grant a divorce. If it is necessary to determine with whom the children will remain, as well as to resolve controversial issues regarding the division of property worth more than 50 thousand rubles, the process will be handled by a district or city court.
Benefits for children of military personnel for kindergarten if parents are divorced
Good afternoon
Are children of military personnel provided with preferential places in kindergarten if their parents are divorced and live in different cities? Thank you in advance! November 29, 2021, 09:37, question No. 1456450 Olga, Nizhny Novgorod Collapse Online legal consultation Response on the site within 15 minutes Answers from lawyers (2) 9.2 Rating Pravoved.ru 15714 answers 8989 reviews Chat Free assessment of your situations Lawyer Free assessment of your situation
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Olga, good afternoon. Just because the parents are divorced, the child does not stop being a member of the family of a serviceman.
According to Art. 2 Federal Law “On the Status of Military Personnel” Members of the families of military personnel, citizens discharged from military service, who are subject to the specified social guarantees, compensation, unless otherwise established by this Federal Law and other federal laws, include: minor children; And in this regard, according to Art.
Question related to the apartment
By law, military personnel and the entire family are always entitled to some social compensation payments and benefits, as well as the right to the opportunity to receive living space from the Ministry of Defense of the Russian Federation.
All members of the family of a serviceman discharged from military service, to whom such social privileges or various compensations were extended, unless otherwise established by the Federal Law “On the Status of Military Personnel,” are treated in accordance with paragraph 5 of Art. 2 of this law, spouse, minor or adult children who have become disabled from an early age, children who are studying full-time in higher educational institutions.
Another starting point is the Housing Code of the Russian Federation, in Art. 69 of which states that family members of the employer include the spouse living with the military personnel, children and parents or other close relatives, as well as disabled people who are incapacitated for work, and other individuals who have moved into the tenant’s apartment as family members and live together.
There are many disputes in which the main object is the apartment during the divorce of a military man. After all, this issue is difficult to solve without the help of specialists, and the way military housing is divided is a big problem.
At the moment, there is already an accumulation system. This is a kind of mortgage loan that provides the employee and his entire family with housing to live in. Now two categories of military family members have been able to use this service and buy sufficient living space.
How to divide a military mortgage during a divorce
August 04, 2021 11080 0 Mortgage under the Family Code is jointly acquired property and.
But this situation does not apply to all types of loans. A military mortgage is government support, which is a designated purpose loan. Consequently, housing acquired in this way cannot be considered joint property, since it is intended for one specific person.
This means that an apartment purchased with a military mortgage will not be divided during a divorce.
- Federal Law No. 117-FZ dated August 20, 2004 (Articles 9, 12);
- RF IC (Article 34);
- Ruling of the Supreme Court of the Russian Federation No. 58-KG16-25 dated January 24, 2021.
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Only military personnel participating in the NIS can purchase housing and become its full owners. They are the only debtors to the bank.
Is it possible to exchange a service apartment during a divorce?
Service residential real estate is the property of the enterprise, therefore it cannot be classified as jointly acquired property in marriage. After a divorce, it is the spouse with whom the employment relationship remains that remains to live in it. If the ex-husband and wife both worked for a company that allocated them an office apartment for use, then they are required to be provided with another living space for further separate living and performing their work duties. This property cannot be exchanged, since the former spouses do not own it. But there is one loophole that will help you grab a piece of such a coveted pie as a service apartment.
Conditions for exchanging a service apartment
The law prohibits the privatization of any official housing, this is where it differs from municipal housing. However, there is one way to ensure that the company apartment becomes the property of the employee. We would like to note right away that the chances of success in this matter tend to zero, but it’s worth a try.
See also:
Options for dividing a municipal apartment
In order to divide a service apartment after a divorce, you need to register ownership of it before the official separation (then it will be jointly acquired property) and only then exchange or sell and divide the proceeds. To do this, it is necessary to obtain the consent of the enterprise, which in principle is unlikely to happen.
It is unlikely that the company will want to lose its property, but there are very valuable employees for whose sake management may take such an exceptional step. Then you need to rewrite the apartment in the name of the tenant, and for this you will need the following documents:
- passport;
- certificate from the BTI;
- rental agreement;
- permission for privatization from the enterprise;
- receipt of payment of state duty.
When all the papers have been collected, you need to contact the city administration, where they will tell you what to do next. After privatizing the apartment, you can safely get a divorce, and then change housing or sell and divide the money in half.
The apartment can only be exchanged for real estate of equal value. One-room housing cannot be exchanged, for example, for two rooms in a dorm. A profitable and convenient exchange for former spouses is usually made from three rubles: for two one-room apartments or two studios. Also, the exchange takes into account the area: housing in the center is not exchanged for apartments in the suburbs.
Only military tenants with minor children have a greater chance of sharing a service apartment after a divorce. In this case, the owner of official housing is the state, which often allows it to be exchanged for the well-being of the military’s heirs.
In case of divorce from a military man, what will the wife get?
In turn, personal property acquired during marriage is recognized as:
- items for personal use - this is, of course, clothing, shoes, personal hygiene items, etc.;
- items, things received free of charge.
- present;
Housing with a military mortgage is purchased with funds from the so-called TZZH - targeted housing loan.
If you look at the legislation relating to the NIS, you will find out that the NIS is money provided to a military serviceman on a repayable basis, both free of charge and for a fee.
A health certificate is issued free of charge after a serviceman is discharged due to length of service or health reasons. The compensation form is accepted by the Center for Housing in the event that a serviceman wishes to purchase an apartment before retirement.
Divorce from a military man
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He, as it were, takes upon himself an obligation to remain in service in the country’s Armed Forces, and the state to pay the mortgage loan for him.
I was married to a military man, we have a 5-year-old child, we divorced in 2021, after the divorce we lived together, my daughter, my daughter and him have permanent registration in a service apartment.
I have been receiving alimony since 2021. We ended any relationship in May 2021, I left to stay with relatives until September, and on June 17, 2021, his contract ends, he is going to recover in another part of another city in August and wants to rent out our service apartment in the Russian Federation. According to the ex-husband, he will collect documents and sign me and the child out onto the street, even without my consent and presence.
Can a military ex-husband rent out an apartment with
FAQ on fixed gear bikes
December 16, 2012, 15:31 Wife during divorce, military rights of children Legal support | Wife in divorce, military rights of children | Can a spouse get a divorce? An apartment was given to everyone, and therefore the rental agreement will be for everyone who is registered in Military Law. Well, what does it mean to sue a child? This is not a thing. How can you formulate the question this way? During a divorce, the court makes a decision with whom the child will live, and not to sue. Good afternoon.
The question is, when divorcing a military pensioner, does the wife have rights to an apartment??? Well, let her demand it from the state. A non-privatized apartment belongs to the state. Garrison military courts. Separation of children in divorce.
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How to divorce your husband if you have children. How to divorce your wife if you have a child. if not, then none at all
Divorce when the husband is in the army and has a child under 3 years old
Divorce if the child is under 1 year old. Is the wife registered in this apartment? -then he has the right to live there.
Algorithm of actions.
- 2.1 Collection of documents
2.2 Other actions
- 1.1 Limitations
The first year of a child’s life is quite difficult for parents. Sometimes married couples cannot avoid domestic conflicts during this difficult period. The number of quarrels grows like a snowball, and the onset of divorce becomes quite obvious.
Is it possible to divorce a child under one year old? Let’s look into all the intricacies of the issue.
Obligation to support a child under three years of age and his mother by his father In the event that the divorce process was formalized and the baby remained with the mother,
Divorce from a military man
According to the Federal Law of the Russian Federation No. 76-FZ “On the status of military personnel” of May 27, 1998, military personnel - citizens undergoing military service under a contract, and members of their families living with them, are provided with service documents no later than three months from the date of arrival at the new place of military service Living spaces.
The specified military personnel who entered into a contract for military service before January 1, 1998 (with the exception of cadets of military educational institutions of vocational education), and members of their families living with them for the first five years of military service are provided with service living quarters or dormitories. If they continue military service beyond the specified periods, they are provided with living quarters on a general basis.
Info How to get a divorce if your husband and/or wife are military personnel? Husband in the army - how to get a divorce?
According to the logic of the law, such questions should not exist, because the relationship between spouses is determined by the Family Code.
What is service housing?
Work that involves living in another city often involves renting an apartment. Some enterprises own official housing, which is given to the employee and his family for use. Such objects belong to specialized residential premises (Article 92 of the Housing Code of the Russian Federation). Many people believe that dormitory rooms provided temporarily to employees are also classified as official living quarters, which is not entirely true. These include only apartments in which employees live due to the nature of their regular service. Business trips and shift work are not a reason to provide employees with an apartment. A hotel or room will do for them.
Who can be provided with service housing? People who receive such privileges work in the following professions:
- deputies and officials;
- military and law enforcement officers;
- emergency services workers;
- teachers, doctors;
- huntsmen, foresters, janitors;
- customs officers, judges, tax officers.
You should dispose of other people's property with extreme caution. There are certain responsibilities when using a company apartment that are assigned to each employee who lives in it:
- the apartment must be used for its intended purpose, and it and the property inside must be treated with care;
- it is necessary to pay utility bills and rent, if any, on time;
- current repairs are carried out at the expense of the living family;
- It is prohibited to remodel or reinstall equipment inside the apartment;
- it is necessary to comply with the rules for using residential premises in accordance with the law;
- if the apartment is damaged due to the fault of the housing user, he is obliged to compensate for the damage caused;
- When leaving the apartment, you need to fill out a certificate of delivery of the premises, which records all damage and breakdowns caused by the user.
See also:
Property shares during a divorce: determining their size by peaceful means and through the court
In general, you need to look after your company apartment even more carefully than your own. Then you will be able to avoid unnecessary expenses and other problems associated with proceedings regarding the damage caused.
Office living quarters are provided to the employee for the duration of his work obligations. He can live there with his family until he stops working for the owner of the property. What happens when the family falls apart and the spouses are no longer officially married? How is a service apartment divided during a divorce?
