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Family law : divorce and division of property. (Russia)
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Question

My minor child (5 years) and I have a one-room apartment. The apartment is registered on my son and myself. At the date of purchase of the apartment I was married. What is my husband entitled to in case of divorce?

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Answer

According to Art. 34 parts 1, 2 and Art. 39 of the Family Code of the Russian Federation all property acquired during the marriage is considered to be common property of the spouses. Property acquired during the marriage includes income of spouses, movable and immovable property acquired during the marriage irrespective of the fact whose name it was registered on or who contributed the money. In case of division of the common property, spouses are considered to have a right to equal shares in such property unless otherwise mentioned in a marriage contract concluded between the spouses. A court is entitled to adjudge a bigger share to one of the spouses taking into consideration minor children’s interests.

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