The process of dividing property in the event of a divorce is troublesome and often unpleasant. Unfortunately, not a single married couple is insured against divorce, even after several years (or even decades) of living together.
What property is subject to division?
According to the Family Code of the Russian Federation, any property acquired by a couple after marriage is subject to division in case of divorce. The division of property is carried out in equal shares for each of the spouses.
Jointly acquired property includes:
- Securities, a share in a business (if it was created after marriage), cash savings (deposits), investment shares.
- Real estate and movable property acquired by spouses after marriage. Household appliances purchased with joint money, land plots, houses, apartments, cars, jewelry and pieces of furniture are all subject to division in the event of divorce.
- Monetary compensation and funds aimed at raising a joint child.
- All income of divorced spouses from creative or intellectual activities, business income.
How to divide property correctly?
Naturally, the best option for a divorce would be the absence of any division of property. This option is possible if one of the spouses voluntarily leaves the jointly acquired things to the other spouse. If the couple does not have mutual claims about the property, then a notarial agreement can be drawn up, which will indicate the objects of movable and immovable property remaining in the possession of each of the spouses. Unfortunately, this option is not always possible, so it is important to know how to divide joint property correctly?
There are often cases when claims for property (even after drawing up a notarization) appear from spouses (or one spouse) after some time. In this case, you need to know that the partition process can be started if three years have not passed after the divorce.
The issue of the division of property in court is decided in extremely controversial and difficult situations when the spouses cannot come to an agreement on their own. In this case, you need to prepare for high legal costs and litigation.
What can not be shared in a divorce?
The category of jointly acquired property does not include things inherited (as well as a gift) or acquired by one of the spouses before marriage.
But even in these cases there may be exceptions. For example, if a residential building (apartment) was inherited by one of the spouses, and the second spouse made major repairs in it for his own money.
The personal property of each of the spouses is not subject to division. You cannot share shoes, clothes, personal hygiene items, mobile phones, in general - all things related to individual use.
The division of property in case of divorce in each case has its own nuances, but all family disputes must be resolved within the legal framework - in court.
