A divorcing couple will split an apartment purchased by the husband prior to the marriage, the Supreme Court has ruled. The fight over the apartment lasted for several years; a court ruled in favor of the wife, but the husband appealed to the District Court, which ruled in his favor, leading the wife to appeal to the Supreme Court, which ruled 2-1 in her favor.
The judges who said the two should split the apartment explained that housing should be treated differently from other property, which normally remains with the original owner in case of divorce, with only property obtained during marriage being split between the spouses.
They said the couple’s previous plans to sell the apartment purchased by the husband and use the proceeds to buy a jointly owned apartment were proof that the two had treated the house as their joint property. Similarly, they said, repairs paid for by both spouses or mortgage payments made by both could constitute legal proof that an apartment brought to the marriage by one spouse had become joint property.