In a divorce, dividing a mortgaged apartment often becomes a subject of dispute, especially when the down payment was covered not by the spouses' joint income but by personal savings or money received as a gift. Lawyer Nargiza Alybaeva explained how each former spouse's share is determined in such situations and what happens to the mortgage debt.

How mortgaged housing is divided in a divorce

Under the general rule of the legislation of the Kyrgyz Republic, property acquired by spouses during marriage is considered their joint common property. This rule applies regardless of whose name the apartment is registered in or who made the mortgage payments.

Taking personal funds into account in the down payment

Nevertheless, when dividing property, a court has the right to take into account the origin of the funds used to buy the housing, in particular the down payment. If the down payment was made from the personal funds of one of the spouses — for example, from savings held before the marriage or as a gift — that spouse has the right to request that these funds be taken into account in the division.

  • To protect personal contributions, it is necessary to document both the origin and the use of these funds in purchasing the apartment
  • A personal contribution by itself does not guarantee the automatic allocation of a corresponding share
Under the legislation of the Kyrgyz Republic, property acquired by spouses during marriage is, as a general rule, their joint common property, regardless of whose name the apartment is registered in and who directly made the mortgage payments.
The position stated by the lawyer

Thus, although the law recognizes joint common property, documentary confirmation of a personal contribution is key to protecting rights when dividing a mortgaged apartment.