How to share an apartment with a foreigner?

18.10.2010 07:00
She married a foreigner. But it is not moved with her husband in his homeland. On the contrary, the young family settled in Russia. They happily healed. But the idyll did not last long.

At the beginning of their homes they had not. Had to withdraw. Freight payment went to her shoulders, he somehow did not stop trouble signing up, and he could not work.

And then a baby. She continued to work, he sat with the baby. So, at least, considered. In fact, with the advent of the baby the family moved into a small two-room apartment of her mother. The mother and took care of the child.

He or sitting at home, or go somewhere familiar to discuss the "business". Yes, yes, he started business. It promised nemerenoe profits in the future, but as long as he held under him the money from everyone who was willing to give it to him.

Meanwhile, the company where she worked, invited her to join the cooperative. She would not have agreed, but home buying conditions have been extremely beneficial: her how valuable the employee is also important for businesses and for the city, provided a huge discount: 70% of housing costs paid by businesses and the city. Since it required only 30%. Do not go for such she could not.

Somehow lumped on friends for money, she bought a flat. So now the debts hanging on it. Relations between spouses were to deteriorate. They were compounded by the fact that his business collapsed with a crash. Work, he never went, did not get a permanent record, and with household chores was getting worse.

At home, he not only did nothing, but began to appear very rarely. With her mother, who moved with them into a new apartment, because the baby is still in need of care, he opened the scandals. With her more restrained. But actually it does not change.

She tried to talk to him, somehow save the relationship, but in response, he preferred to remain silent. Finally, she insisted that he either quit or started to live normally.

He said that long waiting for a chance to walk away and let it prepares for the exchanges of the apartment because he needed the money. Her proposal had come in handy, because apart from the apartment of resources for their production had not left.

"What money? - She asked. - Because the apartment was purchased solely for my money. Besides, the received-it was only because I work in a wonderful organization that gave me the opportunity to buy it. " "I understand it, I do not in all conscience, - said the frank man - but on my side of the law. We will meet in court. "

In court they met. At the first trial, she managed to prove that, although flat and was bought during their marriage, but half of its value the husband can not claim because it paid only 30% of its price. That's half of the 30% and it had to pay.

Her husband is not satisfied with. He went further, and in the court of one of the authorities finally got satisfied with his sentence: section of personal accounts in two. His half of it, afraid to make a bad bargain, he would not sell it, but the law compelled. And she had a second to pay for their housing.

She now lives with the child in his own apartment. Alas, a little less comfortable and located a little farther from downtown. But the debts paid. A former husband still sometimes comes to her and starts a conversation then about registration, about money in debt.

He was very surprised at the constant denials and coldness of the ex-wife. And at a fairly broad hints that he messed up with their own hands their relationship and may not require any assistance, no heat, it has the answer: "I've always been friends with you. Not my fault that at the time of divorce you were so excited that she could not adequately respond to my request. Eventually we arrived at the law, but it is always good. "

Questions to the lawyer:
What was really legally separated: 30% of the price paid for an apartment, or its full market value?
Was it possible to somehow avoid the situation section, given that her husband did not become not only a Russian citizen, but also permanently registered in her man?
Could it affect the outcome of the case that this apartment was in a cooperative and was not a marital property?

Comment lawyer Leo Ivanchenko:
By law, all income of a spouse, except for the property donated to him personally, or passed to him by inheritance, enter the family's income. Consequently, the divide still had to be flat in general.

The rights of man, citizen rights and the rights arising as a result of residence registration, they are different rights. If a foreigner or person without permanent residence in Russia, divorce their wives, then as a full citizen of a country or a person who lives life at his residence (registration), they are entitled to a partition of marital property.

Real Estate is privately owned by members of the cooperative. And as to private property, it is subject to all rules of the Family Code section obschtsego of marital property.
www.zagorodna.com

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