If the apartment gets inherited in marriage. Is it divided by an inheritance apartment when divorced? Partition form can be different

Many spouses who are going to terminate marriage, is the question, is there a inheritance when divorced? According to the current family legislation, the right to personal property is enshrined behind the spouses.

Section of inherited property when divorced

If one of the spouses gained property as a result of privatization, donation or inherited (i.e., free of charge), it is not subject to a division in a scattering process. It does not matter when the specified property appeared: before or after registration of marriage. It will remain in the sole ownership of who was originally intended.

This rule applies to all the property, including the car, country houses, money and debts of the testator, etc.

As for the inheritance received in marriage, it is absolutely no importance to the order of entry into the inheritance: according to the law or in the will. This property was obtained as a result of a gratuitous deal, it means that it is the personal property of the heir and the former spouse cannot claim him.

At the same time, the law admits that in some cases the second spouse is entitled to claim inherited property. But for this we need exceptional circumstances.

When the inheritance is subject to divorce

What are the exceptions from general rules On the indivisibility of inherited property? The answer to this question is contained in the Family Code. Article 37 has an indication that if during the time of marriage the common efforts of his wife and her husband, its cost will be increased, then it is subject to section when they are divorced.

We present specific examples.

1. The spouse was inherited apartment from grandfather. Its estimated cost was at that time 1 million rubles. The apartment was in a deplorable state and required repair. For these purposes, the spouses were postponed for several years, until finally, did not spend finishing work. As a result, the cost of the apartment reached 2 million rubles. After investing from the family budget to real estate, it automatically becomes joint property and is subject to separation.
2. The wife was inherited an abandoned area. Living in marriage, the husband built there country house, bath, gazebo, helped his wife put vegetables and fruits. Since the spouse has invested its own funds from the family budget in country cottage area And physical efforts to reflect it, he has the right to claim half of the site.
3. The husband was inherited a car, and then sold it. Part of the money husband and wife spent immediately, the other - postponed the bank account. Then they acquired for the remaining means vacation homeBy adding a certain amount. In case of divorce, a country house will share in half, no matter who will be the owner.

As for inherited cash savings, the second spouse is not entitled to claim them. They will belong exclusively to the heir, even if the money was invested in various assets (stocks and bonds), were on a cumulative contribution, which allowed them for this period significantly increase in price.

Section of inheritance by voluntary agreement

The law allows spouses to conclude an agreement on the voluntary section of the property. In this document, they may register the order of ownership when divorced. At the same time, the property is divided at the discretion of the parties.

As a result, the inheritance obtained by them can be attributed to the personal property of the heir or even who did not have related ties with the deceased spouse, or separated between the parties.

This agreement does not require notarization, but many prefer to use the services of a notary so that the document is difficult to challenge in court.

At the same time, the heir himself has the right to appeal in the future to appeal in court. In most cases, the court will be on its side.

In any situation, the inherited intangible benefits cannot be divided (for example, patents or copyrights), as well as the remaining debts from the testator (but it is unlikely that the former spouse will apply for such a heritage).

The spouse has the right to also transfer inherited property in favor of the spouse. But in the future he will be able to file a claim about the division of property after a divorce.

If both spouses are heirs

There may be situations in life when both spouses inherit property at the same time. For example, they can become heirs under the law in the event of the death of their children, or both of them indicated in the testament.

If they inherit property by law, it is divided between them in equal shares. When inherited by will in this document, an indication of each spouse should be specified.

After entry into the rights of inheritance, the share of each spouse will become their indivisible property and it will entrenise after the divorce. Those. They will retain the property that was inherited.

conclusions

The property that received one of the spouses inheritance is not subject to separation. The exceptions are cases when the cost of property has been exaggerated due to the financial contribution or the physical labor of another spouse. In these situations, property will be divided by divorce.

You can also divide all property in randomly through the agreement between spouses. At the same time, the section will not be subject to intangible assets and the debt of the testator.

The dissolution of marriage is a process of a long, complex and painful. In addition, it is exacerbated by additional difficulties like the recovery of the alimony and the secession of the marital property.

If everything is clear with the general marriage property (it is divided between her husband and his wife into two equal parts, regardless of whether the money was bought and the name was registered on whose), then with the personal property of each spouse - everything is much more difficult.

In this article, we will consider whether the inheritance obtained in marriage is one of the spouses.

Inheritance - Personal Property

Family legislation defines several types of property belonging exclusively to the personal property of the spouse. This property that was ...

• purchased before marriage;
• acquired in marriage for personal funds;
• received as a gift;
• inherited.

Thus, the property that was inherited by law or in the will belongs to the heir and is not subject to section.

But! It is necessary to prove that property belongs to one of the spouses on ownership as an inheritance. Such evidence is a certificate of inheritance issued by a notary. Other evidence (for example, the readings of friends or relatives) are not accepted by the court into account.

Example 1.

A married woman was inherited by Father securities. For several years, the marital life of the action rose in price and turned into a considerable capital. However, no penis from the family budget of the spouses was not spent on the development of capital of the late father and the test. When the marriage broke up her husband demanded the partition of securities. But since the securities were obtained by his wife inheritance, they remained in her personal property.

Example 2.

A married man received a car inheritance. The condition of the car required the investment of some funds. But since W. sophisticated couple There was a new car in operation, they did not engage in the repair of inherited - he stood in the garage. During the divorce, they had to share a common car, and the inherited car remained owned by her husband, since his improvement was not invested joint funds (especially his wife).

When the inheritance becomes common

But in some situations, the inheritance may well be subject to section between spouses, even if the heir is only one of them.

This happens by the court decision on the transfer of property from personal property to the joint. The basis for this is a significant improvement in the hereditary property using the total means of spouses, as a result of which hereditary property significantly increased its value.

How to achieve a section of an inheritance belonging to one spouse?

1. Go to court with a relevant statement of claim;
2. Provide documents indicating the initial cost of hereditary property at the time of inheritance;
3. To assess the value of hereditary property after improved improvements. For this purpose, experts leading licensed assessment activities are involved.
4. Calculate the difference between the initial and current cost of hereditary property - taking into account the market situation, invested money and labor, improvement and wear.
5. To obtain a court decision on the receipt of personal property of one of the spouses - to the number of joint marital property.

About how to actually achieve such an outcome of the case are examples of judicial practice.

Example 3.

A married man inherited land plot. Since the family needed housing, he sold land, and the remedy funds contributed as an initial contribution when making a mortgage loan. In this case, the inheritance of the husband is only part of the purchased apartment, so it cannot be considered the personal property of her husband. The payment of a loan for an apartment was carried out with the help of family budget. Therefore, the spouse may well qualify for the section of the apartment at a divorce.

Example 4.

After the death of relatives, a married woman inherited a land plot with a dilapidated house. To match the house, required to perform overhaul. For this, the spouses used their joint accumulations. The renovated house and the well-maintained plot have increased significantly in price. In case of divorce, the husband has the right to an inherited real estate in his wife.

Equal rights of spouses for inheritance

In some situations, hereditary property belongs to both spouses on equal rights:

1. A married couple received an inheritance in the will;
2. Husband and wife became heirs of the first stage by law - after the death of their child.

In both cases, the spouses become co-owners of hereditary property, therefore, in the case of a divorce, they divide him in half.

Help lawy

The division of hereditary property at divorce is considered one of the most complex legal categories of affairs. It is not enough to confirm the status of the spouse. If you intend to divide the inheritance of the second spouse, you will need to lead weighty arguments. This is where the main difficulty arises - people simply have no evidence, and if there are, they do not know how to use them. As a result, loss of rights to inheritance, which could well be the property of both spouses. Or, on the contrary, the weak protection of their hereditary and marital rights from the claims of the second party.

Family life can be presented by surprises. And one of them is an inheritance that has been given to one of the spouses from a close relative and not only.

Then the pair appears a lawsuit on whether inheritance is divided when divorced? Practice shows that the answer to this question is not so unambiguous as it seems at first glance.

Well, in this article we will tell you whether the hereditary property of the spouse is subject to section. We describe and cases in which the section of hereditary property is possible, as well as how to do this with minimal cost and, most importantly, correctly.

In this article:

How and when it is divided when divorced property that has been inherited

By general rule The property that has been given to one of the spouses as an inheritance cannot be divided. Explain why.

Let us open in Article 36 of the Russian Family Code. There, in particular, it is said that inherited things belong to the personal property facilities of one of the spouses.

So what happens, the inheritance is never divisible?

In fact, there are several options and some ways of separating hereditary property.

Thus, legislation does not prohibit dividing such assets by agreement between spouses. It may be as a marriage contract, as well as an agreement on dividing property division.

In one of the documents mentioned, the husband and wife have the right to independently specify how the inheritance is divided during a divorce obtained in marriage.

It is important to remember that all written agreements between spouses will be valid if they are witnessed by a notary. These are the requirements of the legislation and from this not going anywhere.

In what situations not to avoid the section

Even if the spouses did not signed any contracts among themselves, there are cases when the Court may decide the section of the inheritance during divorce.

Below, read about how to avoid the inheritance section.

Increase the cost of inheritance due to one of the spouses or joint funds

Suppose someone from the spouses inherited an apartment or a car. However, the forces of the second half or due to total savings in the property were made a complex of improvements, as a result of which the property has significantly increased in price.

With this option, the object of the inheritance can be recognized as common property and is divided into a court decision.

Use of family inheritance

Imagine this situation. Some of the spouses from the grandmother went to the inheritance country house.

He was not particularly necessary, and the family council decided to sell it, and the remedy funds add to the acquisition new apartment. Such real estate falls under the section in case of a possible divorce.

Practice meets other examples when spouses manage to divide the inherited property with the help of the court. And here the lawyer and his professionalism plays the work of a lawyer and his professionalism.

If the apartment has inherited, how to share

Real estate, which is the subject of inheritance, is very often of particular interest in the case of a divorce. Therefore, the question becomes relevant, is it necessary to send an apartment inheritance?

Above, we have already said that the option with the division of hereditary real estate is allowed when the forces of spouses, at the expense of joint funds, a major repairs were made in the residential premises, which significantly increased the market value of the apartment.

Separate nuances exist if the apartment in the mortgage. After all, the testator may die, did not have time to end the real estate debt.

In this case, the remaining part of the loan spouses contribute together by total savings and income. Accordingly, when divorced, such an apartment can also be divided in proportion to the part of the loan redeemed from her husband and wife.

At the same time, it is important to submit all documents that confirm the debt repayment with a specific spouse. For example, their number includes bank receipts.

Former spouses Heirs: Do I need to negotiate

There are situations where the inheritance is getting a husband or wife at the same time.

For example, this happens because of the text of the testament or when it dies common child Parents. In this case, the question arises what to do with the property when the heirs are both spouse?

If there are no written agreements on this score, it is understood that the share in the inheritance of each of the spouses is assigned to it. Another thing when the inheritance section is happening by a voluntary agreement. In it, signed themselves have the right to turn out another path of property distribution.

Many are also interested in how to share property if both spouses are indicated in the testament?

There are no certain features here. Objects of inheritance that appear in the will of the testator remains for each of the spouses.

It is worth remembering that each of the spouses acquires their inheritance rights only with the end of their proper design at the notary.

If people are in good relationships and there is a need to observe the interests of children, then the notary has a competent and detailed agreement at the notary.

Such a step will lead to a significant savings of time and nerves. In addition, it will be possible to save financially due to the lack of court costs.

When the section is not possible in principle

In fact, if the inheritance got married, and the second spouse did not make any efforts to improve property, and the total money was not spent on it, it is unlikely to share the property.

In addition, you should take care that all the necessary documents be made regarding the inheritance.

Otherwise, it is possible that the second spouse may challenge the fact of taking the inheritance and raise the property division in court.

The court is inevitable, what to do: Step-by-step instructions

If the objects of the inheritance are still subject to the section between the former spouses, it is unlikely to be able to do without long judicial battles. Consequently, they should be thoroughly prepared.

Our instruction will be able to help in this business. Here are its main items.

How to prove

If one of the spouses claims the section of the inheritance, then it must confirm the investments in the property at the expense of general family assets.

For this purpose, it may be suitable:

1. Checks for the purchase of goods.
2. Acts for repair work.
3. Bank statements (if expenses were paid in non-cash).
4. Certificates of income and wages.

In general, everything that can confirm the improvement and increase in the cost of hereditary property, due to the joint incomes of spouses.

What documents are needed

To the claim, you should additionally attach a copy of the marriage certificates and its termination (if the section occurs after the official end of the divorce).

It will also require evidence of the design of inheritance, documents for disputed property facilities.

Property evaluation

It must be made to determine the exact size of the state duty for the upcoming appeal to the court.

At the same time, it should be noted that the assessment of things is done at the current time.

State duty

It should be paid in a certain percentage of the total value of the contested assets. All necessary calculations should be made on the basis of their rules of Article 333.19 of the National Tax Code.

If simultaneously with the section of the property, a divorce is raised, additional 600 rubles should be made.

Law Price

It is indicated at the very beginning of the statement and represents the cost of the property that the plaintiff wants in the end to receive for himself.

Appeal to court

The choice of a judicial institution depends largely on what is included in the composition of controversial property. If the list contains real estate or earth, then statement of claim It should be submitted to the district court at their location.

In other cases, you need to contact the justice body in the territory where the defendant lives (that is, another spouse).

Preparation of a claim for the division of property, including the former spouse , for many, it may be quite complicated.

Therefore, it is advisable to resort to the help of a lawyer (lawyer), which specializes in broken-water affairs.

Participation in court and judgment

Maintain his position in front of the court and the second party the plaintiff is entitled both independently and through his own representative. For this, he needs to issue a notarial power of attorney.

After the court proclaims its solution, you should take care of obtaining its full printed text. To do this, it is better to submit a separate statement to the court office.

Performance list

It is necessary for the property section in a compulsory. It gives his court of first instance after the expiration of the month, allocated to submit an appeal, or after the consideration of the case by a higher court.

Whether there is a time limit

We will proceed from the fact that the object of the inheritance has all the signs of joint ownership of spouses.

The legislation is given to its section a three-year limitation period. Its flow begins with the moment when the second spouse has become known about the infringement of his rights.

Explained in more detail. The fact is that even after the divorce, the joint property continues to be so.

Consequently, the order should be done with the approval of another spouse, let even the former. And if this rule is neglected, it will begin the course of the limitation for the purpose of the property.

Frequent questions and answers to them

In this block of our material, we have collected the most frequently asked to specialists questions on the possible partition of property that has passed to one of the spouses by inheritance.

Sold an apartment inherited

If a new property was acquired for the revenue funds, in which spouses will continue to live, then such an apartment will be the object of the section, minus the cash, which were invested after the implementation of hereditary property.

Here are two options for the development of events:

1. The spouse claims to ½ share of real estate, with the payment of half of the money invested by the second spouse.
2. The spouse does not claim to share the apartment, but requires half of money paid by joint savings.

Let us give example:

The apartment was purchased for 2 million rubles, 600 thousand. It was invested due to the cost savings, 1 ml. 400 thousand from the sale of the house and the land plot, which was inherited by the husband.

Then, if the spouse wants to recognize the ownership of ½ share in the apartment, it will have to pay 700 thousand rubles former spouse, exactly half of the implementation of hereditary property.

With the second option, it is possible to require 300 thousand rubles from 600 thousand rubles invested together.

If money from sale will be put on a personal bank account, it is hardly possible to divide them.

If the husband received inheritance in marriage

The list of all property will remain for divorce personal and when divorced is not divided.

The land went to the inheritance, how to be with a built house

The house will be common, but the land is personal. Another thing is that it is necessary to subsequently solve the procedure for using these two property facilities.

It is best to do this by the mutual agreement of the spouses. It can be preparing to entrust the experienced lawyer.

Submitted documents before entering into the inheritance before marriage, and received documents after the wedding

In this case, property will still remain personal.

If debts and loans come into inheritance together with property

They are also assigned to the heir. Unfortunately, it is impossible to refuse obligations by issuing only the property on its name.

Another thing is that spouses can be calculated with creditors joint environments. This will affect the procedure of the property by spouses after the divorce.

Made in the apartment received by his wife inheritance, repair. Can I claim it

Yes it is possible. At the same time, it will be necessary in court to confirm all your own expenses. Collect all overhead, cash checks, available payment receipts.

Consulting and Legal Support

As we see, divided the hereditary property between spouses is difficult, but perhaps. Before starting all this long process, it is useful to communicate with a lawyer. He will explore the situation, documents and will give its forecast for the real perspectives of the case.

If necessary, a lawyer inheritance and family disputes will make a statement of claim and present the interests of one of the spouses at court sessions. At the same time, the specialist will operate not only by the norms of legislation, but also the actual judicial practice of the Supreme Court and other instances.

The lawyer is also necessary and when the case on the section of the property is already considered in appeal or cassation. After acquaintance with all materials, a specialist may have a completely different legal position in essence of the dispute.

In the marriage affairs, there are often issues of the selection of things acquired during the marriage. But one thing, if they are bought on overall income. And another situation occurs when the property is acquired in order of donation or inheritance.

About whether inheritance is divided when divorced, we will tell in this article.

Whether the property obtained by inheritance is divided

Legislation countries establishes the principle of the community of the property of the property.

Husbands and wives can equally use things acquired in marriage, even if someone has paid for them. They become co-owners of such property, together they manage. Consequently, when divorced it will be subject to section.

But certain exclusions from the community property regime are also envisaged. The Family Code of Russia establishes which property can be attributed to the general, and what - to separate.

The property of only one of the spouses will be the property:

• acquired to marriage (marriage);
• things for individual (personal) use;
• inherited or donated to one of them .

How did the inheritance have been received

Inheritance can be carried out in several ways. In the first case, get anything in the will from any person. This does not have to be a relative. The owner of the property left for the will will be his recipient.

His second half on the will cannot claim the testament. The inheritance is passed only to the person who is named in the will.

In the absence of testament, the inheritance will be carried out by law. In this case, the relationship is direct value. The distribution of inheritance occurs in order. First of all, close relatives and husband (wife) of the deceased can be applied for inheritance.

The property obtained inherited in this order also does not apply to family ownership.

It turns out that regardless of the method of inheritance, the property refers to the personal property of the heir. Consequently, inherited material values \u200b\u200bdoes not fall under the category of general and is not subject to section!

Although some exceptions are envisaged. The section of personal property is possible when the second party has made a significant contribution to its improvement. For example, the house obtained by his wife inherited was completed and renovated with her husband.

Married

Recall that usually everything that is purchased in marriage becomes common for spouses. In order to determine the status of a particular thing, you should find out how to get it. Acquisition at the expense of funds during the period of marriage entails recognition of ownership joint. It does not matter who the deal was made and for whom property is actually written.

But, if a thing is presented or crossed her husband inherited, only he becomes the owner. Wife claiming her husband's legacy . Similar rules act in the event that the heir is the wife. To use such property, with consent, they can and together. But it will not be divided into divorce in any case.

Before marriage

When it comes material valuesobtained before marriage, the way to get the big role does not play. Family Code (hereinafter referred to as the Codex), everything that was purchased before marriage belong to the ownership of who they were purchased (received). This also applies to things that have passed to future spouses inheritance. Therefore, a pebble property is usually not subject to section.

What property will be divided, and what is not when divorced

You can only divide what belongs to both spouses. The listing of property that can be considered joint is contained in Article 34 of the Code. The total includes:

• any official income of each of the spouses;
• other cash payments that are not targeted (pensions, various benefits);
• acquired in the wedding time things (movable, as well as immovable);
• securities;
• cash in accounts and deposits in banks.

This list is not closed. A common property that spouses have acquired during their marriage can be considered. At the same time, no matter who I bought it, to whom the contract was issued. Even the one who did not work at this time can claim acquired property.

It cannot be divided by the property, which is the personal property of the spouse (spouse).

All recognized everything that was obtained in the trunk period either during marriage, but for gratuitous transactions. Grateful is the transfer of property as a gift or inheritance. Personal and children's things are also not subject to section, money on deposits in the bank open to the name of children.

The apartment in the will is divided by divorce

By inheritance, various property can be transmitted. Housing is also no exception. Given the value of such an inheritance item, there are often disputes about its division when divorced. And everything is quite simple ...

The apartment obtained by the will also does not apply to the ownership of the owners!

The second spouse by the consent of the owner can reside in such housing, to use it, but it does not acquire other rights to her. Consequently, it is impossible to share it. If, of course, it will not be proved that he made a significant contribution to its improvement.

Section of inheritance by voluntary agreement

The section common for ownership spouses does not always occur through the court. They can solve these issues peacefully concluded agreement.

Both during marriage and after the divorce, the married couple has the right to agree on who will get any property in case of separation. Such a document should be written and verified by a notary. Its content is drawn up at the discretion of the parties and depends on the agreements reached between the spouses. According to the agreement, they can share and inherited material benefits.

When both spouses are heirs

Sometimes it happens that both spouses become heirs in relation to the same items. For example, they can inherit after the death of common children.

In such situations, the inheritance is carried out in shares. Each of them will own their shares, and claim it when divorced. Section these shares are not subject to.

Arbitrage practice

In situations where both spouses inherit the same thing, consideration of disputes when divorced is a complex and long process.

When the inheritance was clearly advised only to her husband or wife - everything is much simpler, in such cases the court will certainly not challenge the rights to the ownership of inherited items and they will remain at who visited.

But there are exceptions. Often, one of the spouses asks to recognize personal property with general and divide it. For example, repair when repairing a inherited house or apartment. After all, the apartment repair can sometimes be up to half of its cost! The basis is the investment of significant funds in its improvement. In this case, everything will depend on the evidence collected.

Practice shows that the courts satisfy such requirements if the costs of improvement amounted to at least 1/8 from the initial cost of the inheritance. In addition, all these circumstances must be supported by evidence.

The situation of joint inheritance may occur if both spouses are at the same time heirs. An example of this is the inheritance of the property of a joint child.

If this happens by law, then each of the parents will receive the same parts of its property, as they are the heirs of the first degree of order.

When inheritance in the testament, the division occurs in those shares that are defined in this document. It is worth considering that in this case, their parts may be unequal, and part of the deceased ownership can also be transferred to other persons.

Disputes associated with the division of the property of spouses are quite frequent in modern judicial practice. At the same time, they are often burdened by various controversial factors that make this process especially difficult.

For example, it can be associated with the section of the inheritance obtained by her husband or wife during marriage. In this case, they are better to attract a lawyer to the case, which will be able to solve property issues as far good for the parties.