Just need to clarify that the approach to solving housing problems after the divorce is a complex legal nature and in addition to family law requires the application of housing and civil law. Therefore, a fair and legitimate part of housing is not an easy question, and a call for qualified legal support will not be superfluous.

It is known that Russia's law provides for several types of housing: the use of social housing under a lease, commercial rentals and leases; legal relations arising in the accommodation in the homes of house-building and housing cooperatives, accommodation owned, relationship-related use of office space and specialized facilities.

The jurisprudence shows that the largest number of disputes in solving the housing issue after the divorce is associated with housing, owned and on the social contract of employment. It is necessary to clearly distinguish between the legal nature of these two types of relationships. Let us consider each of them separately.

In resolving the housing problem of the flat, owned, you must first determine whether the housing co-ownership of spouses, as Part 1 of Article 36 of the RF IC includes membership to each spouse property acquired before marriage and property received by one spouse during the marriage as a gift, by inheritance or other gratuitous transaction. This has yet to be classified, and the privatization of the apartment of one spouse in the absence of privatization at the time of registration of residence of another, as well as rental contracts, for which a transfer of property have been donated.

Getting Started section of the apartment, one should bear in mind that paragraph 12 of Resolution of the Plenum of the Supreme Court from August 24, 1993 number 8 `On some issues of application by the courts of the RF Law 'On privatization of housing in Russia` provides that `scroll to a participant shared ownership privatized dwelling constituting a separate apartment, he owned shares is acceptable if there is a technical possibility of transferring an isolated part of the plaintiff not only inhabited, but also ancillary facilities (kitchen, hall, bathroom, etc.), separate entrances `.

Taking into account the engineering and design features of Russian apartments, for the majority of divorced and decided to divide the living space, situated in the ownership of this problem in the light of the above recommendation of the Supreme Court of Russia is impossible.

However, the law provides for the right of each spouse to determine the share of the common property of the apartment. Some lawyers call this a conditional share. In other words, it does not have individually defined and is an expression of property shares in the common property. Determination of shares of common shared ownership flats as possible by voluntary agreement or court order.

After determining the proportion of flats former spouses become participants in the common property. It is necessary to highlight some of the legal consequences, possible after such a transition. It follows from Part 2 of Article 246 of the Civil Code (CC) of Russia, member share ownership shall have the discretion to sell, donate, bequeath, pledging its share or dispose of it otherwise. It must be remembered that in accordance with the requirements of Article 250 of the Civil Code the seller share of the obligation to notify in writing the other parties share ownership of the intention to sell its stake to an outside person. In case of failure of other participants shared ownership of the share purchases or in case of non-acquisition of right of ownership in one month the seller was entitled to sell its shares to any person. From the usual practice when resolving the housing issue related to the apartment, located in the property, it follows that we should strive for mutual compromise, because selling shares flat disadvantageous from the economic and practical point of view, none of the participants of legal relationships that arise under such circumstances.

The seller of the apartment is not able, on favorable terms to sell its stake, because It is sold with substantial encumbrances, and the party that remains live in an apartment, acquires neighbor 'uninvited' with all its inconveniences, in the broadest sense of the word.

To this we should add that, by becoming parties to the common property, the former spouses are entitled to determine the rules for using the apartment as by mutual consent, and in the manner prescribed by the court.

Categorical legal developments are some of the provisions of the Housing Code (LC) of Russia, which entered into force 1 March 2005 and regulates relations of the spouses - the owners of residential premises. Thus, in accordance with Part 4 of article 31 LCD Russia in case of termination of family relationships with the owner of the dwelling right to use the dwelling for a former member of the family of the owner of the dwelling is not retained, unless otherwise established by agreement between the owner and a former member of his family. If a former member of the family of the owner of residential premises not to acquire or exercise the right to use any other residential premises, and if the financial situation of the former member of the family of the owner of residential premises and other relevant circumstances did not allow him to provide themselves with another dwelling, the right to use living quarters, belonging to the specified owner, can be stored for a former member of his family for a specified period by a decision of the court. The court may compel the owner of the dwelling to another dwelling ex-husband and other members of his family, for whom the owner performs maintenance obligations, at their request. And in accordance with Part 5 of article LCD RF expiration use of living accommodation, set a court decision taken with regard to the provisions of Part 4 of Article 31 of the LCD RF corresponding to the enjoyment of the residential premises of a former member of the family of the owner is terminated, unless otherwise determined by agreement between According to the owner and a former member of his family. Prior to the expiration of that period the right to use the residential premises of a former member of the family of the owner terminates with the termination of ownership of this dwelling of the owner, or if circumstances have ceased to exist, giving rise to the preservation of such rights by a court.

It is actually called will be applied fairly bold decision of the legislator, will show the jurisprudence, but these rules prescribed very clear and avoid the many ambiguities and possible manipulation in the family-housing relations of citizens.

Solving the housing problem after the divorce proceedings, using the housing for social rent contract should pay attention to the fact that, under Article 69 of the LCD Russia, to family members of living space on the social contract of employment are living together with spouse and children and parents the employer. Family members of the living space of the social contract of employment with the employer shall have equal rights and responsibilities, and if the citizen is no longer a member of the family of living space (divorce) on the social contract of employment, but continues to reside in residential premises occupied by, followed by the same rights Reserved what are the employer and members of his family.

In contrast to the pre-existing housing legislation in the new LCD RF no direct reference to the right of an adult family member of the employer to conclude a separate contract of employment or social section of the personal account. Nevertheless, for conflict resolution of housing problems other possible ways of realization of housing rights of former spouses, which depend on specific situations, property features and tactical application of certain legal norms.

In resolving the housing problem, which arises after a divorce, you should not lose sight of the possibility of barter and exchange of living space. This will help real estate organization, working in real estate.

In case of failure to reach agreement on exchange of accommodation in part 3 of Article 72 of the LCD Russia established a procedure exchange premises at the request of a family member (a former member of the family) the employer, ie in this legal norm it comes to forced exchange of living space. Of course, the implementation of such an exchange is possible only in the courts.

In practice, the court cases on forced exchange is procedurally very complex, and start them without competent legal support makes no sense.