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Bailiffs forced the Magadan to live in an apartment with his ex-wife
A resident of the Magadan region and her minor child were able to get into their apartment only after the intervention of bailiffs. The former spouse refused to let them into common housing.
After the dissolution of the marriage, the court gave each of the former spouses a room for living, and the corridor, kitchen and bathroom were determined for common use. However, the man did not give the ex-wife the keys to the front door, and stored her property in her room.
According to the press service of the UFSSP in the Magadan Region, the man gave the keys and let the former family into the apartment only after the bailiff banned registering the Magadan’s car and charged him a performance fee of five thousand rubles.
The expert of the information portal Zhilfin.rf (within the framework of the project of the Ministry of Finance of Russia on financial literacy) Lolla Kirillova explains that in such situations it all depends on the financial situation of the property owners, on the desire to maintain their previous place of residence, but without a former family member, and on many other factors . According to her, ideally it is necessary not to run to court, but to discuss the current situation with former family members, since a court decision may not be arranged, and it can take a lawsuit for years.
“Article 252 of the Civil Code of the Russian Federation says that if the share of the owner is insignificant, cannot be really allocated and he does not have a significant interest in the use of common property, then the court can, in the absence of the consent of this owner, oblige the remaining participants in shared ownership to pay him compensation. To do this, file a lawsuit demanding to recognize the share, for example, 1 / 6, in the apartment as insignificant, terminate the defendant’s ownership with payment of the market value of the share to him. But if we are talking about former spouses, then joint ownership does not automatically become joint property, and the shares of spouses in it are assumed to be equal, ”says Lolla Kirillova.
The expert advises to agree on a joint and simultaneous sale, since an out-of-court solution of the problem often promises big dividends.