Family life can be different. Some couples live their whole lives in perfect harmony, while others, alas, cannot do this. The marriage gradually collapses, close people turn into strangers. Yesterday's spouses begin to share everything that is around, and first of all - the apartment.
Instructions
Step 1
The division of living space is a complex and rather laborious process, which is much easier to solve peacefully, taking into account the interests of both parties. Going to the courts is unlikely to help solve the problem; rather, on the contrary, one of the spouses will probably lose.
Step 2
After marriage, everything that the spouses acquired in any way is their common property and is subject to division in case of divorce. This rule does not apply to those things that were received free of charge, and this fact was documented. In particular, if the parents donated an apartment to their married son (or married daughter), his wife (or her husband) is not entitled to a share of this living space, even if she (he) lives in this living space.
Step 3
If your goal is to evict your ex-spouse, then this must be approached thoroughly. If your yesterday's marriage partner does not have his own home, you can only kick him out of your legal square meters by a court order. In some cases, a homeless spouse is given a delay of up to 1 year for eviction.
Step 4
If you succeed in proving the fact that your ex-spouse did not work, but at the same time spent your money, especially not counting them, the rights of your yesterday's life partner to receive a share in an apartment (and indeed everything divisible) can be reduced by the court. There is an exception to this rule - if the ex-spouse can prove that he worked on the house or caring for children who have not reached the age of majority, the search for his guilt will be in vain - the court will consider his reasons not to work quite convincing.
Step 5
Juvenile offspring are often a stumbling block in divorce. Most often, they stay with the mother, who automatically receives large rights to the dividable living space. In the event that you raised children from different marriages together, the issue of distributing shares in an apartment will be resolved differently, but in any case, the court will take into account the rights and interests of the children.
