"My ex-husband won’t let me into the apartment, even though the apartment belongs to both of us in equal shares! Four years ago we divorced, and I moved in with my parents. I locked my room, where some of my belongings remained, and visited the apartment as needed.
My situation has changed now; I want to move back and live in my room. But my husband stated that there is no way back, and he will not let me live in the apartment. He also informed me that he has already opened my room and is using it as his own.
What should I do and how can I move into my room? Where should I turn to protect my rights? A reader from bb.lv"
Answers Anna Kaleri, lawyer:
– To answer the reader's question as accurately as possible, it is important to understand, first of all, how the division of the apartment was carried out during the divorce? Was a usage order for the apartment established? If so, was this documented in the form of an agreement with a notary or a court decision?
If this issue was discussed and formalized in the form of an official document (notarized agreement or court decision) — then we need to see what exactly is written there. If each spouse retained the right to use part of the apartment, then the actions of the spouse who does not allow his ex-wife into the apartment that belongs to both of them is a clear violation of her (the wife's) rights. In this case, it may be advisable for the woman to seek assistance from law enforcement agencies to ensure the realization of her right to enter and stay on her part of the property.
However, there is another possibility: during the divorce, the usage order for the apartment was not legally formalized — the ex-spouses simply agreed verbally that the apartment belongs to both in equal shares (especially since some of the wife's belongings remained there). However, later the husband changed his mind and decided that he would occupy the apartment solely. In this case, one should be guided by the norms of the Civil Code, specifically - Article 1074, according to which:
"No participants in joint ownership can be forced to remain participants in joint ownership of property by compulsion if the conditions for its creation do not provide otherwise; at the same time, each participant may demand a division at any time.
A co-owner who has acquired ideal shares in real estate, including a building with residential premises, based on a transaction or a court decision on the registration of ownership rights to real estate in the name of the acquirer, may apply to the court with a request for the division of common property within five years from the date of registration of ownership rights in the land book, only if there are valid grounds for this."
Thus, in such cases, the algorithm of actions may be as follows:
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Try to negotiate with the ex-husband about the usage order of the apartment.
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If negotiation fails - send him a registered pre-trial letter suggesting that they come to an agreement. Even if it ends in refusal again, in court — if it takes place — the court will certainly take into account that one of the parties (the wife) tried to resolve the matter amicably, and this will clearly be in her favor.
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If there is no response to the pre-trial request within a month and it is also not possible to come to an agreement peacefully, the next step is to go to court.
In court proceedings, the court considers all circumstances of the case to determine the most appropriate way to divide the common property. Several options are possible here:
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division of property into real shares: the court will decide how to divide the apartment so that both co-owners can use it (possibly establishing easements if this is technically feasible).
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the court may decide to terminate the right of co-ownership and compensate one owner to the other owner. That is, one of the co-owners pays the other co-owner a certain compensation determined by the court, after which the second co-owner loses the right of ownership to the share in this apartment.
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if the parties show irreconcilability and do not agree to any compromise options, a decision may be made for the forced sale of the property as a whole with subsequent division of the proceeds among the owners.
Returning to the reader's question: in the situation described by her, unfortunately, there are too many "white spots" that require further clarification. Therefore, I recommend consulting a specialist who can advise the optimal way to solve her problem based on specific documents.
