How to divide real estate in case of divorce?.....

Today, most of the cases investigated in the courts are related precisely to property disputes arising during divorce. In discussions held in various sections of society on this topic, more and more women's property rights after the divorce are claimed to be violated.
In court proceedings, more and more women filed for divorce. The reasons for reaching a divorce are different. There are families that, if they are financially secured in every way, cause a divorce because of the "mismatch" of the characteristics of the spouses. However, in most cases, divorces in families are often the result of financial shortages and the loss of adults to young families. One of the other reasons is the recent activity of people, mainly women, in social networks. There are men who can not digest the "appearance" of women in social networks. Also in many cases, women's "activism" in social networks is observed with justified jealousy of men.
The property belonging to each of the parties before entering into marriage, as well as the property received by one of them during the marriage as a gift or in the form of an inheritance, is his own property. For example, an apartment given by inheritance from a married couple or a different adornment given as a wedding gift to a wife is their own property and cannot be considered as joint property. Also used individually items - clothing, shoes, etc. even if things are acquired at the expense of common funds, they are considered the property of the person using this item. In most divorced families, the question of the distribution of property arises, and this circumstance also causes controversy. Based on judicial practice, I want to note that when resolving a dispute about the existence of the right of residence and use after the divorce in the apartment in which the wife lived together during marriage with the husband, the legal status of the apartment should first be evaluated. According to the requirements of the relevant articles of the Civil Code of the Republic of Azerbaijan, a written agreement signed with the owner and notarized is necessary for the right to use a component part of a residential building.

For example, in order for the bride to live in the house where the mother-in-law is the owner, there must be a notarized agreement between her father-in-law and her father-in-law.

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The Constitutional Court adopted several Plenum decisions on this provision. In some cases, when the courts evaluate these types of disputes in their decisions, they indicate that reliable family ties between the parties play a key role in the emergence of the right of a family member living together with the proprietor to use the area of residence. For example, if the proprietor is the owner, in this case the wife's existence of reliable family ties between them is considered by the courts as the basis. As for the right to use the residential area, each family member of the landlord who has the right to use the residential area can freely use the apartment, even after the divorce.
If the children remain in the woman, the husband is prone to drug abuse, the woman can raise the requirement to transfer two-thirds of the property to her by means of a registration card in her name. In practice, there are cases when a woman presents her evidence, as well as a court resolution on divorce, which provides for the stay of children with her, and if they find confirmation, the judges issue a relevant decision without problems. If the marriage is disrupted, it is the duty of the court to apply. Usually, the division of property in court is stored after the divorce in order not to touch the complexity of the case and the interests of other persons, so that it is considered in more detail.
Marry, but do not get divorced!

Samira Qasımova

xeberaz.az