Cases when a young family buys an apartment due to the substantial assistance of parents, are quite common. It happens that the lion's share of the price paid by one of the parties.
In the future, when divorce and division of property, apartment as jointly acquired during the marriage, the cost from the sale are divided equally. Lawyers in family dispute know a lot of such cases.
To achieve a different, equitable sharing of expensive property, you need to sign a marriage contract. To make it will help the lawyer on family Affairs.
My Trustee C., in 2012, after the marriage with D., bought the apartment for 8.5 million rubles. To buy an apartment, the mother gave him 5 million rubles, the mother 1 million roubles. The remaining amount of the principal received on the mortgage loan.
06 October 2015, when the marital relationship was close to collapse, S., after consulting with the lawyer on family Affairs, concluded with D. the agreement on the distribution of money in the event of a sale of the apartment. Under this agreement, after the sale: 5 million rubles was returned to the mother of the principal, 1 million mother's D., part to repay the loan, the remaining was divided equally.
In 2016, the ex-wife of the principal appealed through lawyers in family dispute, with a claim to the court. She asked me to void the contract, believing that she owns half the apartment, and a marriage contract puts her in a very unfavorable financial situation.
08 November 2016, having considered the case №2-3731/16 Timiryazevskiy district court of Moscow the claim was denied by ruling in favor of my client. In its decision, the court pointed out that the Treaty of 06.10.2015 years no requirements not violate the law, the grounds for recognition of invalidity no.
Note, however, that under the current legislation, the agreement on the division of property between spouses, shall only be issued in a notarial order. Such an agreement certified by a notary, the court will invalidate.
For drawing up of legally competent marriage contracts, defend their legality when challenged at court, contact an experienced lawyer in family matters.
Sincerely, a practicing attorney in family disputes Vladislav Lyzhin.