The sovereign court: the Grant for apartment is the general property of a family
the Sovereign court has reconsidered the decisions which have been taken out by several inferior courts on standard “ kvartirno - razvodnomu “ to business, also has cancelled their verdicts as illegal. The apartment became a sharing subject in the Sovereign court, to buy which to the former spouse the organisation where he worked has helped, having given out to the man on it means.
the Sharing of property of spouses after divorce - one of the most sick subjects not only morally. Among civil processes in our courts such claims are considered as the most widespread. And the main subject of a divorce sharing is and, possibly, the habitation will be considered still for a long time.
Who from spouses and how much square metres should receive on an exit from a court hall, on - former is the vital topic of divorce cases. Thus, despite huge number of similar processes, correctly to divide habitation it is possible no means always. Especially if it is a question of the square metres bought by one of spouses. Therefore so explanations of the main court of the country about correct application in similar situations of norms of the Family code are important.
In this situation it was a question that as the good employee in 2003 the organisation has translated the man from Siberia in capital. Under its labour contract should provide in Moscow with habitation. For this purpose to the man money for apartment purchase have been allocated by the employer. In legal language it was called “ material aid rendering “. When after five years marriage has broken up, there was a question of a sharing of square metres.
the Spouse, pochitav the Family code, has told that has the right to half of apartment. The ex-husband has disagreed with such statement of a question. In district court he has explained that money for habitation were allocated with its employer, and it actually a gift, and under the law the gifts even received in marriage, to a sharing are not subject.
courts have agreed With arguments of the man both the first instance, and the second.
From court materials it is visible that money for apartment one transfer have listed on the personal account of the man where there was its salary, and the large sum was subject to the taxation. This moment is important for correct understanding of the subsequent decision of the Sovereign court.
Having disagreed with such decision of regional and city courts, the former spouse has challenged it in the Sovereign court. And it has supported the woman, having refused to recognise the sum listed by the employer a gift. The Sovereign court here is how argued.
the Family code confirms: all acquired in marriage - the general property, and it is halved. If to be more concrete incomes of each spouse of any activity concern the general property - labour, enterprise, intellectual.
Besides, to section the pension, all kinds of grants, the money paid for a damage of all on light - health, property and so on is subject.
as the General is called also the property movable and immovable, contributions, securities, shares, shares in the capital, contributions to banks both other organisations, and all it irrespective of, on whose name this property and who paid for it is issued.
Here both vessels also have not considered it, assorting business about an apartment sharing.
it is valid, there is a property which does not share at divorce. It is listed in the Family code.
It, in - the first, that was at everyone before marriage.
In - the second, inherited by one of spouses. It too does not share. As well as the gifts received each for all period of marriage.
But the matter is that under the law, and is more concrete under the Civil code (in the edition operating at the moment of reception with the man of money for habitation), donation should be accordingly issued.
If something is given by the legal body and the sum of a gift of more than five minimum wage rates such gift is made out in written form, and it is certified by both parties, the donator and gifted.
courts of the first and second instances have taken the Former husband that is called, a word. Any documents that money for habitation is a gift of the organisation, does not exist.
Moreover, courts, taking out the decision, did not begin to trouble itself with the argument why they have come to a conclusion that in that organisation where the man works, it is possible to consider the report of the commission on material aid rendering as the donation contract.
in general, the Judicial board on civil cases has decided that the apartment bought on money of the organisation of one of the parties of process, is the general property of spouses and is subject to section under the law.
By the way, according to Rosstata, on one thousand person in our country is necessary 4,5 divorces.
Thus three years on end number of divorces is gradually reduced.
However, to a record 50 - h years of the last century to us it is still far - then one divorce had on two thousand persons.
But conclude marriages our citizens almost twice more often, than get divorced. On one thousand person is necessary 8,5 weddings.
According to the United Nations the first four of leaders on divorces includes Belarus, Ukraine and Moldova. On the sixth place there are USA where on 1000 persons it is necessary 3,4 divorces.