Over the years of family life, spouses can acquire various expensive property. They buy a house, a summer house, a car and a garage for the vehicle. And the problem of how the garage is divided in case of divorce, as well as the procedure for filing a lawsuit in court, is often of interest to a man and a woman, no less than the division of an apartment or summer house.
For people remembering Soviet times, building for a car is not just real estate. There was a lot to pay for membership in garage cooperatives. Now such property is valued no less, especially in large metropolitan areas, where the situation with parking spaces is simply catastrophic. Therefore, when it comes to the division of property, divorcing spouses are fighting for a "house" for a car no less than for their own home.
The division of the garage in case of divorce, according to article 34 of the RF IC, occurs in the same way as the division of all other jointly acquired property. If this property was purchased after the wedding day, then it is a joint property. But a garage is such a unique thing in the post-Soviet space that can be used by spouses for several decades, without being either the personal or common property of the husband and wife.
The building may belong to a garage-building cooperative, or it may even be an unauthorized building on the land plot. Therefore, before declaring your claims, it is a good idea to check with specialists whether the garage is personal or joint property and how it is divided.
There are situations when, when filing a claim, a citizen presents as a document of ownership of a garage building a certificate of membership in the GSK. But the right to further use the garage can only be given by transferring it into ownership. If the property right to the building is established before the fact of divorce, then the garage is subject to division, like other good. If one of the spouses made a fuss and quickly registered real estate after the end of the divorce proceedings, using his right as a member of the fuel and lubricants paying membership fees, the garage becomes his personal property. In such a situation, it will be possible to divide it only through a challenge in court.
Division can be done in the following ways:
If the garage was purchased by a citizen even before marriage or received under a transaction that does not involve payment (donated or bequeathed), then such a building belongs to personal property and claims cannot be extended to it. But if over the years of family life an ordinary brick box has turned into a two-story capital building with good repair, a bathroom and even furniture, as a result of which it has risen in price, then by a court decision such an object can be recognized as joint property of the spouses and divided.
The following situations are also common. During the marriage, the spouses began to build a garage, but did not manage to finish the construction - for one reason or another, they decided to divorce. They come to a lawyer with the question of how to divide an unfinished garage in case of divorce. Here, the problem with a controversial garage can be solved in several ways, depending on how the building is decorated.
State fee on division of real estate