How property is divided when a spouse divorces
How is property divided during a divorce? This question must be solved in advance, and not to look for an answer to it at the very last moment. Unfortunately, statistics show that more and more divorces happen every year. In a significant proportion of cases, spouses cannot disperse peacefully. How loans are divided during a divorce, who gets the animals, who the children are with - these are all very difficult questions, the answers to which can be found only in the current legislation. In this case, standard schemes are used in each case, which differ little from each other.
How property is divided upon divorce
To begin with, when you go to court, you will have to pay a state duty. As a general rule, it is the plaintiff who will have to deposit the money. The question of the division of property may be considered by a judge at the same time as the divorce case itself, if the spouses cannot decide everything on their own. How is property divided during a divorce? Start a conversation should, perhaps, with the factthat all property of spouses under the current law is their common property.
Jointly acquired property: what applies to it?
On the basis of the Family Code, it is customary to refer to it:
- income of any spouse received from any kind of activity;
- the immovable and, of course, movable property that was acquired with jointly earned money;
- pensions, as well as all sorts of monetary compensation, but only those that have no special purpose;
- Shares in business, cash deposits, securities and the like.
What can not be attributed to the jointly acquired property?
- the property and the property that was acquired before the date of marriage;
- property received by one of the spouses by inheritance or as a gift;
- real estate, registered in the property of one of the spouses (primary privatization);
- any property that someone has acquired with funds accumulated before marriage;
- property belonging to children of divorcing spouses under the age of majority;
- items for personal use (with the exception of all kinds of jewels and the like).
How is property divided during a divorce? The case may be delayed for a long time if each spouse does not want to concede what he considers his own for one reason or another. It is good if there are sales receipts or any other documents that can confirm the fact of purchase. Of great importance are the testimony of witnesses.
How is the apartment divided by divorce
First you need to determine whether it relates to jointly acquired property. What happens if it applies to him? In this case, everything is simple - it is divided, as both sides have rights to it. Shares? They must be defined. If this is not possible, they will be recognized as equal. An apartment in which one of the spouses moved in after the marriage cannot remain his property after the divorce.
How is property divided during a divorce? To avoid such questions, we recommend entering into a marriage contract.