I am divorcing my husband. I have a document of the gift of the apartment by my mother...?

Anastasiia Novikova
31.05.2023 20:40 • Question

... me and my son (20 years old). When dividing property, can I be required to pay money to my husband (he is registered in the apartment) or sell the apartment?

1 Answers

Yaroslav Sikorsky

Answer provided 31.05.2023 22:27

If, during the marriage, one of the spouses receives certain values (apartment, car, etc.) in accordance with the gift agreement, then such property does not belong to the common, but is considered the private property of the person to whom it was given gifted

Therefore, the donated apartment is your and your son's private property and cannot be divided.

The answer is informational and does not replace a full legal consultation. For a detailed analysis of your situation, contact a lawyer directly.