I would like to consider the problems associated with real estate, for example, several situations that often occur and can be extremely difficult to resolve. Recently heard everywhere the word "mortgage" and "mortgages". Not until the end, it became clear what will end this whole experiment, but we can see examples of difficult situations. For example, an apartment purchased the contract of mortgage lending spouses, but after some time between them is a quarrel, and they decide to divorce. What to do with the acquired mortgage flat when not all payments were made? Chapter 7 Family Code, and in particular art. 33 and 34, said that the only legal regime of matrimonial property regime is their joint property. Property acquired by spouses during marriage, recognized the joint property and the rights of spouses to such property shall be considered equal. However, there is an exception for property acquired by one spouse on such transactions as a gratuitous gift, inheritance. Such property was recognized as the property of each spouse. All these provisions are applicable to the UK this type of property as an apartment. There is in art. 37 SC RF position, which is it possible that that one spouse acquired the apartment, and the second made it such a repair, which would have exceeded the cost of the apartment itself. In this case, the apartment can be recognized as the property of the spouse. When divorcing spouses share originally considered equal, but in the process of division of property or the court themselves, spouses may deviate from this principle and to increase the proportion of one spouse by another. This may be due to the fact that minor children remain with one of the spouses and the proportion of such spouse increases. Or one spouse in court to prove that the second lead immoral life, abused alcohol or gambling.

With regard to section apartments, purchased the mortgage, then there is the noteworthy moments. When the contract of mortgage payments you can determine the proportion of spouses and implied that a party to the contract are both spouses. Indeed, any transaction made during the marriage is deemed to be with the consent of the other spouse. After the divorce agreement reissued on one of the spouses, the second one is entitled to a refund of these cash payments to them. However, do not forget about the option, when such property is not divisible by the court (Part 6 of Article. 38 IC RF), and recognized their joint share ownership in the shares set by law.

One often encounters such a situation where apartment for sale, which is home to the minor child, or even more, he is the owner of such apartment.

To sell an apartment, which registered a minor child requires permission from the guardianship authority, which ensures that the rights and interests of the child are not compromised in such an important issue as the housing (paragraph 4 of Art. 292 Civil Code). In practice, such permission is not required each time, sometimes forgetting about it. Accordingly, leaving room for further legal maneuvering and avoidance. Regarding real estate, owned by a minor, then for the sale of such apartments must again consent to the guardianship authority (Article 60 of the RF IC and article 37 of the Civil Code).

It is worth mentioning that any of the real estate can be challenged in court because they do not always such acts are committed in accordance with applicable law. Challenge the transaction of sale of real estate can be, just like any other. It should be borne in mind that compliance with the statute of limitations on real estate transactions, which amounts to 1 year to recognize the disputed transaction, and 3 years for the recognition of the transaction null and void (Art. 181 CC RF) is very important. We can say that interest in such matters raised by the cost of the disputed property. How can I prove, for example, that person by threats, beatings and blackmail forced to make a transaction of sale of an apartment? It's more a question to the process of proof, rather than to some provisions of the law. First of all, you should contact law enforcement authorities, since such actions as blackmail, beatings have a specific crime and methods of proof of their practice and worked for years. Do not forget that their own law enforcement agencies can not recognize the transaction of sale of real estate as invalid, it may be done only by the court, on the basis of the criminal case, for example.

In the above situations, there is a case in which the buyer usually knew the impossibility of exclusion apartment seller. What to do when seemingly all the documents and circumstances of the transaction appear legitimate and justified, but suddenly declared a third party who asserts or proves the opposite?

If the transaction is committed, all obligations under it are made, the new owner took over, but suddenly in the apartment are required of third parties, then the trial is almost guaranteed, because hardly anyone give up "in the world, after all consider their rights to legal and justified. In the Civil Code has a very interesting article 302, which protects the rights of bona fide purchasers, ie those who have faithfully fulfilled all its obligations under the transaction and could not know or believe that a person who commits such a transaction, on the other side has no right to alienation of property. It all depends on the reciprocal of the evidence and confirm them in court, as the practice of judicial decisions on this issue is ambiguous.

Problems with real estate a lot, as in virtually every legal act, which deals with real estate lawyers are numerous loopholes that allow you to create the same number of "relatively free" schemes for the disposal of such property. After all, each interprets the law differently. The clash of these treatments leads to a particular law enforcement problem, to understand which accounts for the court. And the solution, for example, the district court in Murmansk will be diametrically different from the decision on exactly the same situation, the District Court of Khabarovsk.