Can a wife claim her husband’s apartment purchased before marriage?

In what situations can a wife apply for an apartment?

Below we consider situations in which the ex-wife has the right to claim a share in the apartment, as well as cases when the husband remains the sole owner of the property. Sometimes a woman has the right to count only on financial compensation in the amount established by the court, but often the court does not award her anything.

If the apartment was purchased with a mortgage

When a man takes out a mortgage on a home, then registers a marriage and continues to pay monthly payments, then after a divorce he remains the sole owner of the home, and the property is not subject to division.

But if the wife also participated in repaying the loan, then she has the right to receive either financial compensation or a share in the housing. The latter will be considered general with a high degree of probability.

Experts recommend discussing the mortgage issue in advance. The best option is to draw up a contract in which all the conditions regarding the repayment of the mortgage will be discussed: does the spouse who did not take out the loan participate in its payment, if so, in what amount he will transfer funds, what share or compensation he is entitled to claim in the event of a divorce .

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.

After the death of a spouse

If a man died while the couple was still in an officially registered marriage, then the wife is the first heir to his property, along with the husband’s parents and his children.

When death overtakes a man after a divorce, the woman has no right to claim her husband’s personal apartment. She will be able to receive a share in the property only if the man made a will before his death and indicated her in the list of heirs.

Useful tips

Divorcing spouses, preparing for court on the division of housing purchased before the wedding, should know how to properly divide an apartment during a divorce:

• If one of the spouses bought real estate before marriage, and no investments were made in it during the marriage, then there is no point in suing. The legislation does not provide any grounds for dividing such property. For an apartment purchased before marriage, divorce in itself is not grounds for division;
• if someone purchased living space before marriage using the proceeds of a mortgage loan, and it was not possible to fully pay off the bank before marriage, then the court may recognize the apartment as shared, since mortgage payments were made from the family budget or, for example, maternity capital funds ;
• if during the life together the apartment was renovated (redesigned) and such repairs are considered major, the court may include the housing in the common property subject to division. However, it must be taken into account that there are peculiarities in proving a significant increase in the value of housing after renovation. Firstly, it is necessary to have evidence of the major repairs carried out (submit to the court a contract, certificates of completion of work and confirmation of payment). Secondly, it is imperative to require an independent assessment. Parties to a lawsuit have the right to file a motion, on the basis of which the judge can involve an independent appraiser. Such a specialist will conduct an assessment and determine by what percentage the market value of housing has increased as a result of major repairs. The court has the right to determine the significance of the increase in cost at its discretion;
• if the improvements to the apartment consist only of minor cosmetic repairs or other minor transformations, the court may recognize that the costs of materials and work themselves are common property. It is impossible to separate such improvements from the apartment, so after the divorce the second spouse will only receive compensation equal to the cost of half the repairs.

USEFUL INFORMATION: How property is divided during a divorce if there are children under 18 years of age

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.

Download a sample statement of claim for the division of jointly acquired property of spouses in marriage

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.

The concept of jointly acquired property

While married, spouses acquire property. It doesn’t matter who pays for it and in whose name the purchases are made. It is still considered joint property.

In Art. 34 of the Family Code of Russia clearly defines its list:

• income of both spouses;
• movable property;
• deposits;
• shares;
• real estate;
• securities of value;
• shares in capital.

One of the spouses in a marriage may well not have any income for a long period. This happens for valid or other reasons:

• disease;
• care for children.

In this case, the person’s right to jointly acquired property in the event of divorce is preserved.

It does not matter exactly how the spouses’ money was received. This could be entrepreneurial activity, intellectual or labor activity, government assistance or a pension. Income is taken into account from any activity.

If real estate was purchased with money received during marriage, then it is considered family property and jointly acquired property. Such property includes:

• Earth;
• apartment;
• house;
• garage;
• another building.

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.

Download a sample statement of claim for invalidation of a marriage contract

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.

Voluntary division of an apartment

In order to avoid having to divide housing in court in the event of a divorce, you should take care in advance to secure the rights to the property that everyone bought before the wedding. The easiest and most reliable way is to conclude a marriage contract.

This is an agreement regulating the property relations of spouses during marriage and in the event of divorce. In recent years, the practice of drawing up marriage contracts has become increasingly widespread in our country. Such an agreement between the spouses relieves them of the division of real estate through compulsory judicial proceedings. However, entering into a contract should be taken seriously.

Each spouse has the right to voluntarily sign a marriage contract. The conditions included in its text must take into account the legal rights and interests of both spouses. The number of conditions is determined by agreement of the parties.

In relation to any property, including immovable objects, the contract can provide answers to all questions:

• determine who, in the event of a divorce, will own the property rights to housing purchased during marriage;
• establish how the spouses intend to divide such real estate;
• stipulate that the apartment purchased before the wedding will remain the property of the spouse to whom it belongs according to the documents. This apartment will not be divided, regardless of the investments made.
• By mutual agreement, establish the size of shares in the common property that a husband and wife can claim in the event of a divorce.

You can draw up a marriage contract yourself using a suitable template. It is better to contact a lawyer to draw it up. The conclusion (signing) of a contract is carried out only in the presence of a notary.

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.