The Oryol District Court has had its say in the history of the former spouses, the stumbling block between whom was the common living space. The man tried to recognize the ownership of 2/3 of the share of the apartment bought in marriage. According to his assurances, almost 250 thousand rubles of the initial payment were made from his personal funds donated by his parents, the remaining 900 thousand – a mortgage, the contributions for which the plaintiff and the defendant are now divided equally.
The ex-wife did not agree with this statement. She insisted that the disputed housing belonged to both of them in equal shares. According to the woman, the initial payment is money donated for the wedding, savings from salaries, help from her parents.
Since the man claimed that his parents had given him the money, his mother was interrogated as a witness. She confirmed that she had given him a certain amount to buy a car or apartment for her family.
According to the law, transactions between citizens, in which we are talking about amounts of more than 10 thousand rubles, must be made in simple writing. The plaintiff did not have such evidence.
The court also noted that the fact that the parents transferred money, even if it took place, does not in itself prove that the money was donated to one spouse, and not to his family as a whole, since at that moment the plaintiff and the defendant were married, lived together, kept a common household.
The outcome of the proceedings is the recognition of the property rights of the former spouses to the apartment in equal shares, ½ each, according to the press service of the Oryol District Court.
The decision has not entered into force and can be appealed.