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Real estate and divorce | Q&A Session
The division of property upon divorce is a question that usually arises with the spouses at the period of separation. In such a situation, any jointly acquired property is subject to division. But are there any exceptions, what documents are required to file a claim, and which court should the spouses contact? By means of onlinedivorce.com and several experienced lawyers, we have prepared answers to the most popular questions about the real estate division during a divorce proceeding.
There are two cases of ownership when purchasing an apartment. The apartment can be a property of one of the spouses, and both at the same time (for example, both spouses are specified in the sale contract at once). However, most often, the right of ownership is made out only on one of the spouses.
Does this mean that the one on whom the immovable property is registered, can renew it without the knowledge of the other spouse?
The lawyer’s answer to the division of an apartment is: a legal way to effect such alienation is impossible. Notary offices protect the rights of the other spouses. They are legally obliged to check whether the apartment was not acquired during the marriage. And if the notary establishes ... more
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