How to Obtain Housing Expenses from an Ex-Spouse for a Child: Article by Daria Zhitomirskaya
Daria Zhitomirskaya, a lawyer at the Alimirzoev & Trofimov law firm, provides a detailed analysis in her article for “Advokatskaya Gazeta” on claiming additional housing-related expenses from an ex-spouse, which arise beyond standard alimony obligations.
The article is beneficial for parents dealing with questions regarding the distribution of mortgage or rental housing expenses after divorce, as well as for lawyers specializing in family disputes.
Key issues discussed in the article:
- What additional expenses can be claimed alongside alimony?Daria Zhitomirskaya explains that aside from alimony, the law provides for the possibility of claiming expenses to ensure the child has suitable housing for permanent living. These may include expenses for rental housing or mortgage payments.
- How are housing expenses divided between parents?Courts usually divide such expenses equally between parents, but realistically, only the portion of expenses directly attributable to the child can be claimed from the ex-spouse. For example, if the total monthly rental expenses for a mother and child are 40,000 rubles, the father can be required to pay 10,000 rubles.
- Under what circumstances might a court deny claims?The article includes real-life court cases illustrating reasons for refusal or reduction of claims by courts. For instance, if the court finds that the mortgage benefits the housing conditions not only of the child but also the parent, the claims may be rejected.
- How to properly document such expenses?The article details two ways to formalize these expenses: through a notarized agreement or by filing a lawsuit. The lawyer explains what documents and evidence need to be provided to improve chances for a favorable court decision.
Author’s Comment:
“For successfully claiming housing expenses from an ex-spouse, it is crucial to demonstrate the child’s need for these expenses and to present proof of both parties’ financial situations to the court. Court practices show that judges closely scrutinize the circumstances of each specific case, making it essential to thoroughly prepare and submit all necessary documentation.”
Daria Zhitomirskaya, lawyer at Alimirzoev & Trofimov law firm
Read the full article on the “Advokatskaya Gazeta” website
