A house was bought, the wife is the owner, but the husband is also registered...?

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do we have the same rights to the house?

Now it has been demolished and there is an unfinished house (a box) and I see in the passport that only the wife is registered for the building, so can I, the wife, sell the unfinished house without my husband? If not, is it possible to sell after the divorce?

22.06.2023 12:29 384

Answers

Photo of sikorsky.y.o Yaroslav Sikorsky

If the house was bought by the wife after the marriage with the husband, then it is the joint joint property of the spouses, regardless of the presence of a residence permit.

According to the general rule, everything acquired in marriage is the common joint property of the spouses.

According to Article 60 of the Family Code, "the property acquired by the spouses during the marriage belongs to the wife and husband under the right of joint co-ownership, regardless of the fact that one of them did not have independent earnings (income) for valid reasons." It is considered that every thing acquired during the marriage, except for things of individual use, is the object of the right of joint property of the spouses.

Without a husband, you will not be able to sell "nedosroy". While married, any transactions with real estate can be carried out only with the permission of the husband or wife.

It is possible to sell after a divorce, provided that you divide the property according to the procedure established by law and the "inconvenience" goes to you.

23.06.2023 09:20

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