The Supreme Court explained when property acquired during marriage is not divided in half
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The Supreme Court has clarified the conditions under which property acquired by spouses during marriage is not subject to equal division. This decision was made based on a court case of a couple who had lived together for 17 years.
During their marriage, the couple had two daughters. They purchased a plot of land with a house, a one-room apartment and a car, which was purchased on credit. The title to the property was registered in the name of the wife, and the title to the car was registered in the name of the husband.
After the divorce, the head of the family requested an equal division of property. He wanted to take back the car with compensation, which was supposed to take into account the costs of the loan, which he paid off on his own after the divorce.
The ex-wife filed a lawsuit claiming the rights of her daughters. She applied for an apartment and 2/3 of a plot with a house, preparing to repay the loan for this property.
The case reached the Supreme Court, which decided to divide the property based on an expert assessment of the car and apartment. The need to establish the man’s share in the apartment and calculate its value was noted.
“The Supreme Court overturned the appeal decision on the recovery of money from the wife in favor of the husband in the form of compensation for half of the apartment, on the recovery of money from the husband in favor of the ex-wife in the form of compensation for half of the car and on the recognition of the right to demand from the husband payment of money for the car after a divorce “Taking this into account, the dispute will be reconsidered,” reports “Russian newspaper”.
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