The division of property between spouses is one of the most pressing and complex issues in family law. The property of the spouses is divided into premarital property, that is, that which was acquired by one of the spouses before marriage, and that acquired during marriage - joint property. In progress family life, a married couple usually accumulates a certain amount of marital property. This category of property should include all material assets acquired during the married life of the spouses.

Property can be divided not only during a divorce, but also while married. The issue of division of property between people who are married usually arises when one of the spouses refuses to use such property to the other spouse, for example, an apartment, house or car.

Property acquired by spouses during marriage is subject to Art. 34 of the Family Code of the Russian Federation. So, according to this article, all property acquired during marriage is the joint property of the spouses.

Common property of spouses:

• income of each spouse (labor, intellectual and entrepreneurial activity);
• benefits, pensions, and others cash payments, which do not have a special purpose ( material aid, compensation for damage in connection with damage to health or injury);
• movable and immovable things (acquired from general income);
• shares, deposits, securities;
• shares in capital;
• other property acquired during the marriage.

The right to joint property does not depend on the person in whose name the property was acquired or registered, as well as who contributed the funds at the time of acquisition. If one of the spouses, for valid reasons related to childcare or housekeeping, did not have independent income, he also has the right to joint property.

According to Art. 38 of the RF IC, the property of spouses can be divided both during the marriage and after its dissolution. The basis for division of property is the claim of either spouse. In addition to persons who are married or divorcing a marriage, a claim for the division of joint property may be filed by a creditor in connection with his application for recovery of the share of one of the spouses.

Premarital property of spouses and property received by one of the spouses as a gift, inheritance or other gratuitous transactions (privatization) are not subject to division. Also, property acquired by one of the spouses at the time of marriage, but with his personal funds that belonged to him before marriage or received from the sale of property that is not subject to division, is not subject to division.

If there is no premarital agreement or marriage contract between the spouses providing for the determination of shares in the property of the spouses, when dividing it, the shares will be recognized as equal. Art. 39 of the RF IC allows the court to deviate from equality in shares of the joint property of spouses, when dividing based on the interests of minor children or the interests of one of the spouses. The court has the right to reduce the share in the joint property of a spouse who did not receive income for an unjustifiable reason or who spent family property to the detriment of the interests of other family members.

The debts of a former or current married couple are also divided in proportion to the share awarded in the joint property.

Personal belongings of spouses are not subject to division, except for luxury items such as jewelry. If a luxury item was received as a gift, it will remain with its owner, but in other cases it is also subject to division.

Personal belongings that were acquired to meet the needs and requirements of minor children are transferred to the parent with whom the children will live.

Joint property in accordance with clause 2 of Art. 38 of the RF IC can be divided between spouses by agreement. If desired, such an agreement can be notarized. Pre-trial resolution of a property dispute between spouses saves money and time. This solution to the issue is possible only by the good will of the spouses. In cases where an agreement is not reached, it is necessary to go to court at the place of registration of the plaintiff.

Consideration of cases on the division of joint property is within the jurisdiction of the magistrate's court. The limitation period is three years from the datedivorce in court . Concealment of joint property by one of the spouses may extend the statute of limitations in accordance with Part 1 of Art. 200 Civil Code of the Russian Federation and p. 2 tbsp. 9 IC RF.

Documents attached to the statement of claim for division of joint property:

• a list of property with a determination of the value of each individual item;
• certificate of divorce (if the marriage was dissolved at that time) or marriage certificate;
• a receipt for payment of the state fee for going to court (payment is made by the plaintiff);
• identification document of the plaintiff;
• birth certificates of children (if it is necessary to increase the share in divisible property).

The state fee paid for filing a claim in court is calculated based on the price of the claim. The total value of the property subject to division is the cost of the claim. The value is determined not at the time of acquisition of such property, but at the time of its division.

According to Art. 333.19 of the Tax Code of the Russian Federation, the state duty is:

• price of the claim - up to 20 thousand rubles - 4% of the price of the claim, but not less than 400 rubles;
• price of the claim - from 20,001 rubles - up to 100 thousand rubles - 3% of the amount and 800 rubles;
• price of the claim - from 100,001 rubles - up to 200 thousand rubles - 2% of the amount and 3,200 rubles;
• price of the claim - from 200,0001 rubles - up to 1 million rubles - 1% of the amount and 5,200 rubles;
• the cost of the claim is over 1 million rubles - 0.5% of the amount and 13,200 rubles.

Difficulties in determining premarital property or those obtained through inheritance, receipt as a gift, or acquisition with funds that belonged to one of the spouses before marriage leads to the need to useservices of a family lawyer . The assistance of a family law attorney in disputes over the division of joint property is a time saver. The participation of a family lawyer in a lawsuit on the division of property will make it easier for the plaintiff and defendant to collect evidence and help avoid unnecessary scandals.

If you want to resolve the issue of division of property between spouses honestly and in a civilized manner, seek advice from a family law lawyer!

If you are interested in the topic of divorce, we recommend that you also read "divorce proceedings. What do you need to think about in advance? ".

Sincerely,
Victoria Demidova, lawyer.

Divorce results in ex-spouses having to decide how to divide what they have acquired over time. life together. And at least the following questions immediately arise:

In general, you can read more than one lecture on each of the listed issues. Many aspects are discussed in detail on the pages of the company’s website. In this article we will make a brief analysis of the most pressing issues of these problems.

The court resolves civil cases with the goal of establishing formal (rather than objective) truth. This means that the winner is the one who presents more significant evidence, who knows the law and the dynamics of the trial better, and not the one who is “humanly” right or evokes sympathy. This is the principle of adversarial behavior of the parties, established by Article 12 of the Code of Civil Procedure of the Russian Federation.

The division of property through the court makes up the majority of court cases among lawyers and attorneys family issues. The need to specialize in these cases and deal with them professionally is caused by the complexity and imperfection of both family and procedural legislation. Conflict, the very fact that people are “on opposite sides of the barricades” leads to the fact that the parties use mistakes and gaps in legislation to their advantage. A lawyer must know (predict) the nature and type of abuse, think through countermeasures, or also use inaccuracies in the laws in the interests of his client.

Family disputes are also characterized by the fact that ex-spouses take advantage of weak sides each other, which they became aware of when there was mutual trust between them. We are talking about psychological influence on an opponent with the goal of saying too much “out of emotion” and making a mistake. This is another reason to seek help from a professional who relies on sound judgment and knowledge of the law.

A timely and correctly filed claim, painstaking work in court - this is what is needed for the result - a court decision in your favor

The division by mutual consent is formalized by a special transaction called an agreement on the division of property. Such an agreement can be concluded at any time after the divorce (in some cases, also before or upon dissolution of the marriage).

In addition to the above, it is worth noting another option for resolving property issues of spouses - by concluding a prenuptial agreement. This transaction can be concluded before the legal registration of divorce. A marriage contract has a number of advantages and disadvantages.

What happens if you don’t divide your property?​

Everything acquired during marriage has a special status - the common joint property of the spouses.

The law does not prohibit maintaining this property regime after a divorce. To simplify, we can say that until the division is made, the property remains common. The parties can file a claim or enter into an agreement on this property after a year, and after 5 and 10 years.

It is, however, advisable to take into account the following circumstances.

Firstly, after 3 years, one of the parties may declare that the statute of limitations has expired when filing a lawsuit with a demand to divide things.

Secondly, this form of ownership was developed specifically for the convenience of people living together, operating in Everyday life by mutual agreement and for the benefit of each other. Such co-owners are, as it were, at the same time full owners of things, and therefore each of them has an equal right to use (benefit), dispose of (let another person use it, pledge it, sell it) and own it. If you trust your ex-spouse, you can leave everything as it is and not share what you have acquired - until better times (option - until the relationship deteriorates or changes qualitatively in some other way). Many people are happy with this option.

But it may be that uncertainty makes you feel uncomfortable and nervous. And it’s true, how can you remain indifferent if one day you unexpectedly meet in your (but still shared) apartment new wife(husband's) ex-other half! After all, the i’s are not dotted, which means that everyone does with the apartment what he sees fit (in our case, he moves in whoever he sees fit).

More information about the actions of our lawyers when conducting a case:

When conducting a case in court, we:

• Let's look into the details of the case and evaluate possible risks and we will advise you on the prospects of the case.
• Let's compose statement of claim, and a counterclaim (if you are a defendant), we will provide explanations on the case.
• We will provide assistance in collecting evidence or collect it ourselves, secure the evidence, initiate an examination, alternative examination, or property valuation.
• We will submit documents to the court of appropriate jurisdiction, and speak in your defense at preliminary and court hearings on the merits in courts of all instances.
• Let us present objections regarding the argumentation and evidence of the opposing side.
• We will make sure that your position is properly reflected in the procedural documents.
• We will submit petitions and statements necessary to conduct the case and protect your interests.
• We will appeal court rulings made during the case if they violate your rights.
• We will receive a court decision, a writ of execution and transfer them to you, and we will carry out enforcement proceedings.
• If you have previously turned to an unqualified lawyer and the decision has already been made, but you are not satisfied with its content, we will appeal it to the court of appeal, cassation and supervisory authority.

The world section includes the following work:

• We will draw up a draft settlement agreement.
• Let's consider the already drawn up draft agreement, transactions and their options and provide recommendations on their signing/non-signing.
• We will register the transfer of rights to real estate in the state. authorities, we will receive certificates of title and pass them on to you.INUSTA

  Tax authorities, arbitration courts, MAP, a number of other government agencies. bodies are specific regulators in the implementation of entrepreneurship. Handling them requires knowledge of a large number of regulations and procedures. Our specialists have extensive experience in communicating with government data. bodies and in the best possible way will represent your interests.

Last update: 01/30/2020

According to statistics, about 40% of divorces occur in the first 4 years of marriage. More than 15% occur at the very beginning married life and, unfortunately, young families do not have time to live together even for 1 year. And one of the very first questions that arises during a divorce is how to divide property.

Division of joint property after divorce

Joint property- based on the norms of Article 256 of the Civil Code of the Russian Federation, we can conclude that all property that was purchased by spouses at the time of marriage is jointly acquired (except for circumstances when marriage contract, signed by them, establishes a different regime for these things). Cm. .

Article 34 of the Family Code of the Russian Federation states that all income received by each spouse in any way is their joint property. Property that is common also includes: securities, shares, shares in the authorized capital of enterprises, real and movable things, deposits and other property acquired by the wife and husband. In this case, it does not matter at all to which of them this property is registered.

The division of property during a divorce can occur:

A conflict-free solution - an amicable agreement between the spouses

If both parties agree to an out-of-court settlement of the issue and there is no conflict between them, then they enter into a corresponding written document (), in which they indicate the shares of each party and notarize it. If the agreement is left in simple written form, it will not have legal force. Such a document will not work anywhere, including in court. From December 29, 2015 Federal law No. 391-FZ establishes that it is mandatory must be notarized.

Through the court

If, however, the former spouses cannot independently agree on who takes what things, then the matter comes to court. When resolving a conflict in court, the court initially establishes the composition of the property suitable for division, and then allocates a part of each spouse.

But if one of the parties receives property, the price of which significantly exceeds its legal share, then the court may oblige this party to pay the former spouse material compensation (compensation) in cash or other form.

Example: At the time of marriage, the husband bought a rare painting by a famous artist, which cost more than 1,500,000 rubles. The wife was not against the transfer of this property to her ex-husband, provided that the court ordered him to pay compensation to his ex-wife in the amount of 200,000 rubles.

Division of property in court

Stages of division of jointly acquired property in court:

• Establishment of the property of each of the former spouses.
• Determining the share of each of them.
• Separation from the common property of those things that each party wants to take for themselves.
• Determining the amount of compensation to either spouse in case of unequal distribution.

The list of things is determined in accordance with the interests of the spouses and their children. When dividing, the principle of equal division of property is observed. However, taking into account life circumstances, the judge may deviate from equality (cases where children remain after marriage with one of the parents or one of the parties does not have a job without specifying good reasons). In these situations, the principle of decreasing or increasing the share applies, which must be justified in court.

Increasing the spouse's share

The reasons for increasing the share of one of the spouses may be:

• minor children who were left to live with him,
• his illness or permanent disability, especially if it arose during marriage and is associated with the performance of duties as a family member. For example, the husband took two jobs to raise money for his child’s expensive operation, as a result of which, against the backdrop of general fatigue and overwork, he received heart disease and now I have to constantly undergo treatment.
• fulfillment of obligations by one spouse under general debts. Example: The family received a loan from a private person, but due to their unsatisfactory financial situation, they were unable to repay it. In order to avoid litigation, the accrual of interest and fines, the wife, who is a painter, performed finishing work in the creditor's home to repay the debt.

The domestic work of a spouse who is not working at the time of marriage and is running a household or caring for children, who due to extenuating circumstances could not have his own income, will be the basis for receiving a share in the joint property.

Reducing the spouse's share

A reduction in the share is possible if unjustified reasons are established:

• non-receipt of income by the spouse due to unwillingness to find a job;
• careless and negligent attitude of the husband or wife towards the property, which led to a decrease in its value, complete or partial destruction;
• irresponsible, antisocial behavior of the spouse, leading to common family debts. Eg: The couple checked into the hotel on a package tour. The husband, while drunk, damaged property in the room for a large sum. Reimbursement of hotel administration expenses was made from general money.

What about debts?

If the former spouses have debts, then they will also be divided in proportion to the awarded shares (see details and).

But it should be borne in mind that if we are talking about an administrative, criminal or other offense, then responsibility for debts arising due to such acts is assigned personally to the culprit.

How to divide indivisible things

It often happens that common property includes things that spouses want to keep for themselves (see). In such situations, the court acts in the following order:

• Former spouses are invited to determine for themselves who will get this item. Further:
  • the parties determine the value by mutual agreement or on the basis of the appraiser’s conclusion (if there is no agreement);
  • the court, based on the price, assigns monetary compensation to the spouse left without the property from the funds of the other spouse.
• If there is no compromise, then the object of division is transferred to shared ownership with a share assigned to everyone, and if necessary, the judge determines the procedure for using it.
• When it is impossible to allocate a share in the property, the court forcibly decides who will own the subject of the dispute. In this case, the following circumstances are taken into account:
  • the need of each spouse for things;
  • the ability to actually use the controversial item.

For example, spouses cannot share a car. The court found that the ex-wife does not have a driver's license and for health reasons cannot drive a vehicle. While the other spouse works in a remote place from residence. The judge is more likely to leave the property to the husband.

Terms of division of property of spouses

By general rule The statute of limitations in cases regarding the division of property between former spouses is 3 years (clause 7 of Article 38 of the RF IC). However, many do not know from what moment this period begins.

Plenum Supreme Court The Russian Federation, in its Resolution No. 15 of November 5, 1998, in Article 19, indicated that it is necessary to calculate the limitation period not from the very moment of divorce (entry into force of a legal court decision or registration of an entry in the book of dissolution of marriage unions in the registry office), but from the moment when a person should have become or became aware of the fact of a violation of his right. This provision is also indicated in paragraph 1 of Art. 200 Civil Code of the Russian Federation.

Example: 5 years after the end of the marriage, the husband learned about the real estate that was purchased at the time of his cohabitation with ex-wife, however, this building was not indicated in the list of common property.

The spouse, whose rights were not respected, is obliged to prove the fact of evasion from the division of jointly acquired property, but it is sometimes extremely difficult to justify such circumstances.

To restore the missed deadline, the spouse must file a claim for renewal of the missed deadline with the judicial authorities.

What property is not divided during divorce?

Everything that was acquired before marriage

In Part 2 of Art. 256 of the Civil Code of the Russian Federation states that property that was owned by each of the spouses before the marriage, as well as property given to one of the spouses or passed to one of the parties by inheritance, is not jointly acquired, but belongs to the personal property of the corresponding spouse.

Personal items

Items for individual use, namely: clothing, shoes and other personal property (except precious items and luxury items), purchased even with common funds, belong to the property of the spouse who uses them.

Rights to the result of intellectual activity

The right to the result of intellectual activity is also not divided during a divorce like other property. It is exclusive and belongs only to the author. And the income received from the use of this result is jointly acquired property (unless the document between the spouses (nuptial agreement) indicates otherwise).

Belongings of minor children

The rights and things that belong to minor children are not divided between the parties to the process. These include things purchased only to meet the needs of children and deposits made in their names.

Items purchased after leaving

Items acquired by spouses after the end of cohabitation (in case of long-term divorce proceedings) are also not shared. This is one of the most sensitive issues in divorce proceedings, since it is difficult for one of the spouses to resist the temptation to declare their right to someone else’s property, despite the fact that there are formal signs for this. Therefore, such property must be separated from the general property, and confirmed in court:

• separation of residence;
• lack of a joint budget;
• the presence of conflict, incompatibility of life positions, etc.

Division of property during divorce if there are children

The property of adult children, namely: an apartment, a car, a summer house or shares, is not subject to division. They must remain the personal property of the child.

If in , then the divorce process occurs only through court. This action is used to ensure the personal property rights of children.

In the event of a divorce, adult and minor children, at the time of division of the spouses' property acquired jointly during marriage, do not have the right to it, just as parents do not have rights to the children's things purchased for their needs. These include:

• clothes, shoes
• Sports Equipment
• school supplies
• furniture, books
• instruments for music practice
• as well as material deposits issued for children.

The listed items are transferred to the parent with whom the children will remain. Another person does not have the right to count on appropriate monetary compensation, even if it becomes known that the children’s property was sold.

Sometimes the fact that the child needs these things is disputed:

Example 1: The computer, which was purchased more than 4 years ago, was purchased for general use, and not just to meet the needs of the child. Here the issue is controversial and the court may rule in favor of one side or the other. Because the computer can hardly be attributed exclusively to children's use.

Example 2: A claim has been made for a piano. Ex-husband stated that the purpose of this tool is not intended only for children. However, the wife presented evidence that their child is studying piano at a music school and this musical instrument was bought for him. Such a piano will not be subject to division.

If real estate that is the property of a minor child or his place of residence is alienated, then a representative of the guardianship and trusteeship authority must be present at the court hearing. The consent of the authority to allocate the child’s share is mandatory.

If the family that is involved in the divorce process has minor child, then the spouse with whom the child does not live is obliged to pay alimony for his maintenance (see). Then the court will divide the parts of the jointly acquired property equally.

How to draw up an agreement on the division of property

Initially, it is necessary to indicate that an agreement (agreement) on the division of property can be drawn up at the time of marriage, upon its dissolution, or after this process. However, the best part of drafting it is somewhere between the beginning and the end of the divorce.

After filing an application for divorce, the spouses can draw up an agreement and avoid losing money when paying the state fee, the amount of which is calculated from the total value of the property and can amount to more than 10 thousand rubles.

After concluding such an agreement, the spouses peacefully divide the joint property, informing the court about the settlement of the disputed relationship.

Part 2 art. 38 Family Code The Russian Federation states that an agreement of this kind is concluded in writing and is subject to notarization. Since December 29, 2015, Federal Law No. 391-FZ has established the procedure for mandatory notarization of a settlement agreement on the division of property.

Notary services are paid. He charges the spouses a state fee, the amount of which is calculated based on the total price of the property to be divided. This percentage may not be small and it is better to know it in advance.

• Preamble. It should indicate the place (city) and date of drawing up the document, as well as indicate the parties to the agreement (Party 1 - Full name, Party 2 - Full name)
• Item. Here the spouses describe their civil status and indicate all the property in their jointly acquired property.
• The procedure for dividing property. In this part it is necessary to indicate what property goes to whom.
• Conditions for transfer of property. This indicates exactly how the transfer of property from spouse to spouse will take place. For example: If there is a division of real estate - when one of the parties goes to the appropriate registry with title documents to re-register the property to the other party.
• Personal property that will not be shared. This point is quite important. It lists all property that is not divided or will not be divided (property that was not jointly acquired property, personal belongings of one of the spouses, or items that one of the spouses does not claim). This must be done to avoid claims that may occur in the future.
• The procedure for the entry into force of a contract (agreement). Here it is necessary to indicate that this document will come into force from the moment of its notarization.
• Final provisions. In this paragraph, you must indicate information about the number of copies of this agreement, the procedure for making additional changes to this agreement and the consideration of disputes regarding the execution of the agreement.
• Signatures of the parties. This is quite important! After drawing up the agreement, it must be signed by the spouses

Question:
What to do if a separation agreement is concluded, but after that the other spouse changes his mind and avoids notarial actions.

The answer is simple: The interested spouse should fulfill that part of the obligations that was assigned to him. And then you can go to court to recognize the agreement as valid without notarization. Subsequently, the intractable spouse can be required to fulfill his part of the agreement on the basis of a court decision.
But this method is not always effective. Sometimes it is easier to go to court with a regular division of property.

How to hide a spouse's property

Statistics show that during marital relations many spouses think about possible consequences divorce. Therefore, they play it safe and use all possible means to divert property from the regime of joint ownership of husband and wife.

The most common methods:

• registration of property in the name of relatives. This mainly concerns large things: real estate, transport, etc.;
• concealment about existing values. Most often these are bank deposits, shares, cash, etc.;
• buying things with donated money from relatives.

For example: My husband buys a car, which he wants to register in his name. The day before the purchase, the spouse turns to a notary to certify the agreement of donation of money from the spouse’s father for the purpose of buying a car. The agreement, of course, is non-monetary, but it is difficult to prove this, since it is notarized. It turns out that a car purchased with that kind of money is a gift and will not be counted as common property during division.

• acquisition material assets through loans from friends and acquaintances. The bottom line is that during the division, the spouse can present to the court a loan agreement, supposedly for the purchase of an item, drawn up shortly before the purchase, as well as a fake receipt or other payment document on behalf of this spouse about the repayment of the loan, dated after the divorce. Formally, this gives grounds to demand that the property remain with oneself without compensation to the other spouse, since he alone paid the common debt.
• There are other methods that are singular in nature.

How to divide property registered in the name of another person

It is not uncommon for one of the spouses (as a rule, the main breadwinner in the family), showing worldly “wisdom,” to register all acquired property in the name of their relatives (parents, grandmothers, brothers, sisters, etc.) or in general to strangers (isolated cases ).

However, such property can still be included in the total estate and divided fairly.

To do this, it is necessary to separately (under a new claim) challenge fictitious transactions in court, that is, invalidate the transaction with dummies and transfer ownership to the spouses. True, this process is not simple, but if the controversial item is expensive, then the work will not be in vain.

When considering the court, they provide information that:

• funds for the purchase of the item were taken from the general budget (no matter which spouse or from what sources);

For example: Before buying an apartment, the husband withdrew money from his bank account in the exact amount that corresponded to the price of the home.

• the person in whose name the property is registered does not actually have sufficient finances.
• the one in whose name the registration is made does not have the skills and needs to use this property.

Eg: The motor boat was registered in the name of a grandmother, who has neither the rights nor the means to maintain a watercraft.

• the disputed objects were used by the family and incurred the costs of maintaining these objects.

Example: the dacha plot, which was listed on the spouse’s brother, was at the disposal of the family, which will be confirmed by neighbors, the board, payment documents on membership and target contributions, etc.

It is important not to miss the deadline for appealing - 3 years from the moment such a pseudo-transaction was made or when the deprived spouse became aware of it.

During a dispute over false registration of property, the court case on division must be suspended, since the results of challenging the transaction will make it clear whether the spouses’ common property will increase or not.

If the spouses decide to get a divorce, then it is necessary to take into account several rules that will help them get through the divorce process faster.

• To avoid unnecessary expenses, it is best to correctly draw up an agreement on the division of property and not go to the courts at all. This document should contain all necessary information. But notarization is sometimes quite an expensive process.
• If the case comes to court consideration, then do not forget to file a claim for the division of property and documents for the deduction of alimony (for the spouse with whom minor children remain living). The presence of minor children is also a basis for increasing the share of joint property.
• After the divorce process is completed, save all documents related to the marriage, as they may be needed in the future. (If the spouse finds out about the undivided property and wants to claim it).

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days.

Not every marriage turns out to be happy. In some situations, contradictions arise between the couple, which ultimately lead to divorce.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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In some situations, the question arises of how property is divided. Typically, this procedure takes some time and requires knowledge of legal aspects.

Causes

If after the divorce process the former spouses do not have any claims against each other, then they may not share anything.

However, in cases where there is a disagreement regarding marital property (acquired during marriage), a division operation may be required.

Exist different ways division of property:

• through the court;
• by agreement;
• according to the marriage contract.

Law

Family legislation 2020, namely 34 art. The RF IC makes it clear that property acquired during marriage can be divided.

Article 39 of the RF IC states that when dividing property, the process itself is regulated by the principle of equality of husband and wife.

All issues related to the division of common property must be resolved within a 3-year period after the divorce.

What can be divided?

In accordance with family law, the following property can be divided after the breakdown of a marriage:

• real estate;
• securities;
• auto;
• furniture;
• jewelry;
• luxuries;
• fees, etc.

It is noteworthy that after the divorce process, ex-spouses can also divide debts.

The wife and husband have an equal right to property acquired during the marriage.

There are, however, a number of objects that cannot be divided. Thus, these include personal items of spouses, items belonging to their minor children and household items.

How is property divided?

Division of property is an operation associated with the allocation of shares of the wife and husband and the division of property purchased during marriage in accordance with these shares.

Between spouses

Property can be divided between husband and wife even when their marriage is not dissolved. In this situation, you can formalize the division of common property by drawing up a marriage contract or.

If a husband and wife have made a division of property and stopped cohabiting with each other and running a common household, then they will need evidence of personal ownership of the acquired property.

In the absence of such, the objects will already be considered, and in the event of a divorce they will be subject to division.

Joint property

• on division of property;
• about divorce.

Both of these claims will be considered together or in order.

After divorce

In some situations, spouses do not divide property upon divorce.

In this case, even after the divorce process, they retain the right to divide the common property.

If you have children

Property acquired for a child under 18 years of age remains with him after the division of property of his parents. Parents do not have the right to take away any part of their property from their child.

Likewise, the child himself also has no right of ownership of property belonging to his parents in the absence of their consent.

Loans and debts

In case of divorce, debts are also divided between husband and wife. They depend on the shares that the court assigns to the spouses. However, personal debts do not fall under this section.

Mortgage apartment

This document must contain the following information:

• information about husband and wife;
• data on marriage and divorce;
• list of objects purchased during marriage;
• evidence that the property belongs to the common.

State duty

When submitting documents to the court, you must pay a state fee. Its size depends on the value of the property claimed by one of the parties.

In some cases, the judge may establish a discrepancy in the data and invite the plaintiff to pay an additional portion of the state fee.

The court's decision

How does the court act in such matters:

1. Defines personal and general property among property.
2. Determines shares for each spouse. Initially, the shares are considered equal. But if there is a marriage contract, and it provides for other conditions, then the shares may not be assigned equally.
3. The court awards property to the spouses in accordance with the assigned shares. In most cases, there are indivisible objects that are awarded to one of the spouses, and he undertakes to pay compensation to the other.

Statute of limitations

Spouses are given a 3-year period to resolve issues related to the division of property.