In recent years, cases of divorce in Azerbaijan have begun to increase not only among young families but also among middle-aged couples and those who have been married for many years. This situation further increases discussions in society around family relations and legal matters. One of the most contentious issues during divorce is property division and residential rights. If a house was purchased before the marriage, does the other party have a share or the right to live in that apartment? How are such issues resolved according to the legislation during divorce?
In his explanation to Medianews.az on the topic, lawyer and legal expert Elnur Mammadov said that, according to the Family Code of the Republic of Azerbaijan, property acquired by the husband and wife during the marriage is generally considered their joint property and is divided upon divorce.
According to him, the legal significance of whose name the property is registered under does not matter; the main issue is with what funds and during what period it was acquired:
“Even if one of the parties does not work and is engaged in household duties or raising children, the right over the joint property is retained. According to Article 34 of the Family Code, property acquired before marriage, property received as a gift, property obtained by inheritance, property acquired through other gratuitous transactions, personal use items (except jewelry) are considered personal property and generally are not subject to division.
Moreover, if one of the parties, before marriage, sold their property and used the funds to purchase new property during the marriage period, and can prove this with documents, that new property may also be considered their personal property and may not be included in the division.”
The legal expert noted that there are also cases where division of property acquired before marriage is possible:
“According to Article 35 of the Family Code, if the value of property acquired before marriage has significantly increased during the marriage due to the family’s common funds or the labor of the other party, that property may be considered joint property. This includes significant repairs, reconstruction, construction of additional buildings, laying communication lines, installation of expensive equipment and devices. Property is not always divided with 50 percent shares as might be expected. If one of the parties has minor children in their charge, the court may determine a larger share for that party considering the children’s interests.”
E. Mammadov emphasized in conclusion that if the husband and wife have concluded a marriage contract, the division of property is mainly carried out according to the terms of that contract:
“The contract can determine the legal regime of both existing and future property.
The law sets a three-year claim period for applying to the court regarding the division of joint property after divorce.”
Oguz Ayvaz,
Medianews.az