People meet, people fall in love, get married, but often they also get divorced. At the same time, the former spouses experience a huge range of emotions, connected not only with the bitterness of parting, but also with what inevitably arises in any divorce: with the division of property acquired for the entire duration of the marriage. About the subtleties of the translation of “our” into “my” read in this article.
Property that can be divided by divorce
Article 38 of the Family Code “Section of common property of spouses” describes the basic principles of the division of property between persons who were previously married. According to these principles, the “sharing” of jointly acquired can be done by. You will need to know the rules of Separation Agreement then.
The drafting of a peace agreement (which must necessarily be in writing and certified by a notary), which specifies the specific conditions for what will be divulged and how to divorce;
Judicial proceedings, when the spouses, without having made an agreement on the division of property, are forced to file a claim with the court.
At the same time, in fact, only the property acquired during the marriage (real estate and movables, shares and other securities, deposits, wages and income from business, pensions, allowances, and scholarships) can be divided into divorce it is divided equally and it is impossible.
- Property that was received by one of the spouses by inheritance through the Power of Attorney Form.
- Property that was received by one of the spouses for gratuitous transactions (donation, privatization)
- Premarital property of husband and wife
- However, there are exceptions to any rule. So, for example, cannot be separated
- Things bought for children (musical instruments, textbooks, etc.) that remain with the spouse with whom the child remains;
Money deposits in banks in the name of children
In this case, the court has the full right to award one of the spouses more property than another, if there is a reason for this, for example: for a disrespectful reason, one of the married did not earn money or someone spent most of the finances on themselves at the expense of others family members.On the cases when property acquired outside of marriage can be divided equally, we will talk separately. Make use of the Legal Forms.
When it does not evenly equate?
Imagine that before marriage, one of the spouses had some funds. After the wedding, he decided to buy an apartment for them. Formally, housing was acquired in marriage, but in fact it was bought with the money of one of the spouses. After the divorce, the court is likely to divide the real estate equally, than provoke the righteous indignation of one of the parties.