28.06.2018 04:00
I got the apartment from my mother. Mom and Dad earned good money and could afford to buy an apartment.
Dad died early and left us for another woman, though he acted nobly, he transferred all the property to his mother, and he left with one suitcase.
We were left alone with my mother. Mom met a foreigner, married him and drove off abroad, somewhere in Belgium.
So at nineteen I lived in my own apartment, beautiful and free.
On the Internet, I met a young man, his name was Misha. For some time we corresponded, he wrote me all sorts of nonsense, but I liked these nonsense.
After exchanging photos, we agreed to meet, he invited me to a small but very cozy cafe.
We chatted all evening. After the cafe Misha walked me home and I invited him for a cup of tea.
Of course, he stayed with me until the morning, and in the morning he pleasantly surprised me. Misha made an amazing breakfast and brought it to me in bed.
Misha and I met more and more often and in the end he moved in with me, bringing all his things.
Misha did not have his own apartment, he lived with his parents, although I never visited them and did not get to know his parents, he did not call, and I did not insist.
They didn’t seem to live badly, they worked, he was a real estate agent, he sold apartments, I worked for a company, my mother arranged for a friend.
I got pregnant, gave birth to a beautiful baby, named Victoria,
We didn’t want to sign, or rather he didn’t want to, he always said why we need stamps in our passports, we already live well, we’ll spend the saved money on a land plot, he had already looked after.
The supervised plot, Mishka bought, as he wanted. The site was somewhere not far from the city, nature was around, the birds were singing, not a site, but a dream.
Mishka began to persuade me to sell the apartment in order to build his own house. At first, I did not agree, but Misha began to press through my daughter.
Like a child, we just do not bypass fresh air, closeness to nature, flowers there, birds, animals.
I just imagined how our daughter was playing on the lawn near the house, the birds were singing around, and around the greenery and no gas pollution to you, then I immediately agreed.
Mishka sold my two-room apartment and rented a small, cozy apartment for us.
Mishka himself, began the construction of our large and beautiful house, we have already been shown the project and even the layout of our house.
But one day Mikhail did not return and stopped answering phone calls. I naturally began to worry and wind myself up.
I called every hospital, every police station, every morgue in the city. And in one of the morgues, there was a guy with such signs, but without documents.
My heart skipped a beat and a chill ran down my spine. After collecting the child, I rushed to the morgue. He was not in the morgue.
Remembering his parents, I rushed to them. Although I never visited them, I knew the address, saw it in Misha's passport and remembered it.
Arriving there, I went up to the fourth floor and called. The door was opened by some kind of drunken overgrown man and said that he did not know such a thing.
And in general, he cannot remember everyone whom he registered in his apartment, because he registered everyone who would pay well, and sometimes, just for a couple, three bubbles.
Coming out of the entrance, I had absolutely no idea where and how else to look for my Misha.
I was very tired and hungry. My little Vika, too, began to be capricious and began to cry. We went home.
The next day, continuing to look for Misha, I went to the construction site.
On the site, there was a trailer and around there were some kind of boards, logs, bricks. Suddenly a man came out of the trailer, followed by some kind of woman.
The man turned around, it was Misha, and with him some kind of woman and you can immediately see not a sister.
I threw a huge scandal, expressed everything I thought about it and demanded to return the money for my apartment.
He yelled that I should get out of his own plot, but he is not going to return the money and that she will never prove that she once gave him money.
I filed a lawsuit over fraud. The father helps well and hired lawyers and took my daughter and me to his place, otherwise they stayed with the baby on the street.
Hello! I want to tell my story.
I myself am a small businessman, I try to feed my family, I get to earn something. Even that spring, I decided to please my husband, buy him a fresher car so that he would not drive a wreck.
He works as a security guard, the cat cried his salary. Therefore, I decided to make a gift. Before buying, we agreed: you sell your old car for 100 thousand rubles, and you return this money to me. Moreover, he chose a car for 500 thousand rubles, despite the fact that I allocated only 400 thousand.
I set a time frame for him to do it within a month. Can you? "Yes," he said he would. It was necessary to slightly repair the old car, which was on the move, paint it and start selling. He even warned that he would take time off from work, and for a month he would be engaged in the preparation and sale of cars.
But in the end, everything was somehow forgotten, spun in the hustle and bustle. I remembered after 4-5 months, and I am interested in how the sale of the car actually proceeds. As it turned out, he didn't even do it. Some kind of excuse that someone from my acquaintances promised to buy, but pulls. And nothing concrete ... So another month passed. Again I ask: "How is it?" In response, I hear only rudeness: "Well, it's started up again, get out of here." And at any attempt to start a conversation, he boils, gets angry and rude.
And then I thought: "But this is a real scam." As an entrepreneur, I understand that the other party to the agreement did not fulfill the agreement, and is not even going to explain anything to me, and it seems that this money will not be returned. This is what the people call "kidalov".
I have had such cases in my business, I even got sick because of this, and my husband with me fiercely condemned those who did not fulfill the terms of the contract. In those cases, I had to resort to both pressure and the attraction of mutual acquaintances, and I always tried to get back.
But in this case we are talking about a loved one. Why he does this, I do not understand.
And then I remembered, and it was always like this. He talked about some "ways to earn extra money", I gave him money, even got into a loan, and as a result then everything was washed out, forgotten, and he never managed to earn extra money and increase the money. Any attempts to find out, and when there will be a "gain", he harshly suppressed, was rude. I must say that I did not shirk from work. But I have already resigned myself that he is unable to earn money. As if he has a block: earn no more than 30 thousand rubles and do not fuss. He cannot jump above this threshold. Yes, I no longer demand.
But how can a loved one not understand that he is hurting me with such an attitude and neglect. I can't even sleep, so this situation torments me. Some kind of immaturity of the psyche? Misunderstanding of simple human things?
Why do you think this is happening? If he explained, I would understand. But he doesn't even want to explain anything. Why is he behaving irresponsibly? We are adults. But all my words are like peas against a wall. Maybe I don’t understand something?
A story from one of our editor's friends. She is 34, her husband is 37 and in their relationship they do not live a day without any jokes and jokes on each other. One of these jokes almost turned into a family drama. We decided to tell this story in the first person, so that our readers can feel the situation, so to speak, "from the inside".
How it all started
In the spring of 2017, my husband and I went to Egypt for 3 weeks. We planned to have fun, swim in the Red Sea, look at the pyramids, buy a couple of souvenirs for friends and relatives. This is, if you like, a classic recreation program. We took a good double room in one of the four-star hotels in Hurghada. We didn’t really plan anything from the cultural program, except for a trip to the pyramids of Giza. But fate decreed otherwise.
Beach at the hotel It took 7 days from the moment of checking into the hotel and Maxim (husband) got tired of, as he put it, “hanging around all day in this rotten hotel”. As a result, every day he bought various kinds of excursions from the guides who are attached to the hotel. At first it was diving. I myself am afraid to dive, but he dived for 3 hours on corals and fish to watch. Nice, of course, but terribly expensive! The second time he took a camel excursion, my group and I rode through the desert with short stops for rest. Extraordinarily great! It was very interesting to me here - I liked the camels, and the views of the desert along with the sea are simply amazing at sunset. 2 days later, in the morning, my husband offered to ride again with the group in the desert, but this time on ATVs. I agreed without hesitation.
Wild extreme on ATVs
These ATVs can be ridden alone or together. I am a little afraid of high speeds, sports extreme and other dangers, so I began to doubt myself and even thought to give up the tour. And Maxim has already paid for everything, and the excursion starts in 4 hours. At first, my husband laughed at me, but then reassured me that we would ride together on a two-seater ATV. In 5 hours we were already driving with a group through the desert. The group was led by two guides - the chief rode at the head of the column, and the assistant closed the rear. It was very hot and pretty soon I was sweating like everyone else. After another hour, everyone was already pretty tired, so the guide invited the whole group to stop by the Bedouin parking lot. Like, there we will have a rest, and drink water, and get to know an outlandish people. I assured that they knew each other well, so they would welcome us there. I have no doubt that from this he had some additional interest.
So we arrived at the Bedouin camp, and there ... everything is like normal people, they just live in tents. Water, electricity, microwave ovens, TVs - everything is. Children are running around, women are cooking. Everything is like in an ordinary Russian village, only around the desert. This is the first thing I thought. And in vain, because the traditions here turned out to be completely wild!
When we were about to leave the Bedouin camp, the main guide approached my husband and asked Maxim if he would sell his wife for 40 camels. At the same time, I am standing next to my husband! Max turns to me and starts laughing slyly, as he does when he comes up with some kind of witty, in his opinion, joke. This time his joke was that he agreed to sell me. Very funny, yes. This idiot laughingly said to the guide “OK! Give 40 camels now. ” I myself began to laugh too. In 2017, giving your wife for camels is ridiculous. And I honestly thought the guide just wanted to joke. It turned out not.
The guide went to his assistant, they discussed something in a raised voice for 10 minutes. Then the assistant guide got on the ATV and started shouting to the group that everyone was getting ready for the trip. Well, my husband and I also went to our war horse. And then, in the best traditions of cinema, our guide grabs my hand and drags me towards one of the tents. Out of the corner of my eye I see that Maxim continues to walk towards the ATV. I have a panic, I start screaming and calling for help.
The husband came running in a moment and began to bludgeon with all his might of the guide. He has the same incomprehension and horror in his eyes, just like I had seconds ago. And then a crowd of camels was brought up to us. A dumb scene. The meaning of what is happening reaches us, I start laughing hysterically, and my husband has panic in his eyes. He knows English at the fifth grade level. He doesn't understand how to explain something clearly, but he is clearly not going to give me up without a fight. What is going on in the minds of the guys on ATVs at this moment is a mystery to me.
Explaining to the guide that this is all a joke of her husband and the deal will not take long. According to the guide, the local rich Bedouin really liked me and since he had already brought the camels, the deal took place. We argued until my husband got tired of all this - he just showed an indecent gesture to the guide and pulled me by the hand to the ATV. I would prefer that he carried me in his arms at this moment. He's to blame for everything, after all. Upon arrival, she forced her joker to apologize to the guide and pay a good tip on top, otherwise she would come to our hotel with the police.
They are generally a very unusual couple, on trips they constantly find themselves in idiotic situations and create incredible problems for themselves from scratch. But their stories in the company are most interesting to listen to. As time goes by, we will definitely ask the editor to visit this friend and write down a few more for our site.
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The couple from the Stavropol Territory decided to divorce. The property was sorted out in court and everything was divided: even a sink, an armchair, a bathroom cabinet, a satellite dish and a kitchen table. And also - a walk-behind tractor, a car, a tractor, 22 cows and an electronic shepherd. They divided everything equally and distributed the monetary compensation. Among other things, my wife got a UAZ, which the expert appraised at 208 thousand rubles. But while they were suing, my husband sold this car - after the divorce. As a result, the wife could not take the car, and the bailiffs shrugged off their hands: the husband no longer had a UAZ, it was impossible to execute the court's decision.
Ekaterina Miroshkina
economist
But the woman did not leave this business like that. If it is impossible to take the property, let the ex-husband give the money - 208 thousand rubles. The husband, of course, did not agree. And so it began.
On what basis did the woman demand money against the sold car?
The car was shared - it was bought in marriage. The spouse was indicated in the documents, but this does not change the essence: the wife has the same rights to this car. When the property was divided, the court ruled that the wife would get the UAZ.
In August there was a divorce, and in November the man sold the car for 80 thousand rubles - at least this amount is indicated in the documents. In fact, the ex-husband sold the car, which he was supposed to give to his wife. But when she demanded her own, it turned out that the property was gone. The woman went to the bailiffs to force her husband to comply with the court's decision, but they did not help either. The court said that it is necessary to hand over the car, and since it is not there, then there is nothing to hand over: it turns out that the court's decision cannot be executed.
The woman demanded 208 thousand rubles, but the bailiffs cannot just collect money: by a court decision, they had to take the property. Then she went to court demanding to change the way of execution: let the ex-husband give money instead of property - all 208 thousand.
Why did the ex-husband refuse to pay?
The man said that he sold the UAZ not for 208 thousand rubles, but for 80 thousand. He considered that the compensation was dishonest: during the assessment, the car was not examined, so the examination established the wrong value based on similar transactions. The former spouses began to go to the courts.
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What did the courts say?
District Court 👍
The cost of the car was established by an examination. There is no reason to think that this is a mistake: deals with similar cars were taken for evaluation.
By a court decision, when dividing the property, the UAZ should go to the wife, but the husband did not give it up and sold it. Now it is impossible to fulfill the initial decision - to hand over the car and issue it to the woman. In such cases, according to the law, it is possible to change the way the decision is enforced: to replace the transfer of property with monetary compensation.
Confirmation from the traffic police that the car is already registered to another person is not proof that the husband sold it. And this does not mean that the first court decision cannot be enforced. There is no reason to change the way of execution.
In terms of the amount, the court also has questions: why should the husband pay 208 thousand rubles if he sold the car for 80 thousand. When evaluating the car, they did not examine it, but simply took similar deals for comparison.
If the decision of the court cannot be executed as it is written in it, the method of execution can be changed. For example, instead of re-registering ownership of property, demand payment in cash. The woman did just that - she had the right.
The man himself confirmed that he re-registered the car for another person. Everything is recorded in the traffic police. But the regional court for some reason decided that there was no evidence: in fact, it ignored them. And he did not indicate the motives: for some reason, the judges simply did not receive confirmation from the ex-husband and the traffic police.
The regional court also did not understand the amount of compensation. The value of the property is supposed to be established during the consideration of the case, and not months after its sale. When the couple shared the UAZ, it cost 208 thousand rubles.
The first instance did everything right, but the regional court screwed up - its decision was illegal.
Bottom line. The Supreme Court has confirmed that the ex-wife is entitled to compensation in lieu of a car. The decision of the district court was upheld: for the UAZ sold in 2008 by her husband, she will receive 208 thousand rubles.
How could a husband sell a car if it is shared?
He sold the car after the divorce. His surname was in the TCP - he is the owner. There is a divorce stamp in the passport: there is no spouse, which means that her consent is not formally required.
And although, according to the law, former spouses can make claims about the division of common property within three years after the divorce, the buyer did not pay attention to this. The traffic police also had no reason to refuse registration: there were no encumbrances or prohibitions on the car.
But even if there was no official divorce, the husband would still be able to sell the car without his wife's consent. Then it would be considered that she agreed. A power of attorney from a notary is needed only for real estate transactions, and for cars and withdrawal of money from a deposit is not needed. Sometimes it turns out during a divorce, and one of the spouses is left with nothing.
How to protect property from sale in case of divorce?
First, you need to remember two conditions:
- Any spouse can dispose of the common property in a marriage. This implies that he always does this with the consent of the second spouse. Consent can even be given verbally in the kitchen. There is an exception for transactions with real estate or authorized capital: it will not work to sell an apartment without notarial consent. But to re-register the car with your mother, sell expensive equipment to Avito, or withdraw all savings from a deposit in your own name - it's easy.
- After a divorce, it is even easier to dispose of common property: it is enough to confirm the ownership and that there is no official marriage.
If the spouses decide to divorce and agree to divide the property, this does not mean that none of them will be able to sell the common property. Here's what you can do beforehand so you don't lose yours in a divorce.
Immediately register property in shares. For example, when buying an apartment, indicate two owners at once - a husband and a wife. Then the husband will not be able to sell the entire apartment in a clever way after the divorce. If the general contribution is made to the wife, she can at any time withdraw all the money or transfer it to her mother: it is believed that the husband does not mind. If everyone has their own deposit or card, the bank will give the money only to the owner. And if a couple buys a new building before the wedding, in case of divorce, this apartment is not subject to division: the owner is the one who concluded the DDU, even if they pay the mortgage together. After renting out the house, it is better to draw up an agreement on the distribution of shares and fix your right to real estate.
Verify title deeds. An extract from the USRN can be obtained in a couple of days via the Internet. Transactions with cars are also easily checked on the traffic police website - for free and instantly. If you make regular inquiries, you can quickly respond: this is more likely to keep yours. For example, if a husband suddenly donated an apartment to his mother, the court will invalidate the deal. But if the mother, after donating, has already sold the property to other people, it will be more difficult to pick up the property or money.
Prohibit transactions without personal presence. Anyone can submit an application to Rosreestr stating that donation, sale or pledge Alienation of a share is only with a personal visit. If the husband, as a co-owner, did not come with a passport for the transaction, the wife will not cheat on it.
Impose an encumbrance. This can be done both before and after a divorce by court order. Even if the car or the deposit has not yet been divided, you can immediately submit a petition and ask the traffic police not to register for another owner, and the bank does not give money from the deposit in the name of the husband.
Contact the bailiffs. When the court issues a writ of execution, you can immediately go to the bailiffs so that they take measures to recover: for example, they take the car or arrest the money on the deposit. In this story, the woman came to her senses too late: if she had taken up the car immediately after the divorce, she would have had time to pick it up before the sale. Although, perhaps, this was her plan: to get 208 thousand rubles instead of a ten-year-old car.