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

My common-law husband and I have been living together for five years. This year we bought an apartment (mortgage credit). The credit was issued to him as his income is significantly higher than mine and we are not married. Therefore his is the sole owner of the apartment. We’ll be repaying the credit for 15 years and we can not divide the apartment into shares. It is mentioned in the credit agreement that I will live in the apartment and will be permanently registered there. We are going to register our marriage and we are expecting a baby. How can I secure myself in case any changes happen during the mentioned 15 years? Are there any laws applicable for such situations or I should better conclude a marriage contract? Thank you.

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Answer

Surely it would have been reasonable to conclude the marriage before conclusion of the mortgage credit agreement. However you will have a right to a part of the apartment equal to 1/2 of the part of the apartment repaid after the date of state registration of the marriage. In case any disputes arise this right will have to be judicially proved. In case you claim to one half of the apartment you’d better conclude a marriage contract provided that your husband doesn’t mind.

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