I'm getting a divorce, what to do with the apartment if my husband doesn't have the money to pay<

10. September 20081:00

Mrs. Blanka sent her question regarding the property settlement to the online Realitní právní poradná, which we launched on the server bydleni.idnes.cz in January 2008. The reader was told that the most reasonable way is to end the marriage by so-called undisputed (contracted ) by divorce under the conditions of Section 24a of the Family Act. She would thus conclude a written agreement with her husband on the settlement of mutual property relations, rights and obligations of joint housing. The court would then, on the basis of the submitted agreement of the spouses with verified signatures, divorce the marriage and would no longer examine the causes of the breakdown of the marriage. Since the mentioned real estate is jointly owned by the spouses, a settlement must be made between the spouses according to the agreement, based on the usual price for which the real estate can be sold at the given place and time. If the content of the agreement is the settlement of real estate, after the legal termination of the divorce proceedings, a proposal for a deposit must still be submitted to the relevant cadastral office. The property settlement can therefore be carried out by agreement of the spouses without the joint property being settled by the court. On the contrary, divorce (even divorce by agreement) is always decided exclusively by the court, and that by judgment. Furthermore, Mrs. Blanca was advised by the Realitní právní poradny to contact one of the lawyers regarding the processing of the agreement in question. The written agreement will thus have all the legal requirements and, based on it, a deposit can be made in the real estate cadastre. If no agreement was reached between the spouses, it is possible to submit a proposal for a so-called contested divorce and settle the property settlement after the divorce by agreement or by court. Alternatively, he can also consider selling real estate together. Another solution is offered by an American mortgage, which is most often used to pay off a partner after a divorce, when neither party has enough funds. - read American mortgage or consumer loan? If it concerns fees, the court fee for a divorce petition is 1,000 crowns, the fee to the land registry office is 500 crowns. There would also be additional costs for legal representation, verification of documents, etc.

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