Process of the section of property in case of a divorce – business troublesome and often unpleasant. Unfortunately, from stains any married couple, even after several years (and even decades) joint life is not insured.
What property is subject to the section?
According to the Family Code of the Russian Federation, any property acquired by couple after marriage is subject to the section in case of a divorce. The section of property is carried out in equal shares for each of spouses.
Treat jointly acquired property:
- Securities, share in business (if it was created after marriage), cash savings (deposits), investment shares.
- The real estate and the personal estate acquired by spouses after marriage. The household appliances bought on joint money, the land plots, at home, apartments, cars, jewelry and pieces of furniture – all this are subject to the section in case of a divorce.
- Monetary compensations and the funds allocated for education of the joint child.
- All income of the getting divorced spouses received from creative or intellectual activity, enterprise income.
How it is correct to divide property?
Naturally, the lack of any section of property will be an optimal variant at a divorce. Such option is possible if one of spouses voluntarily leaves in common acquired things to other spouse. If couple has no mutual claims concerning property, then it is possible to issue the notarial agreement in which the objects of personal and real estate remaining in possession of each of spouses will be specified. Unfortunately, the similar option is not always possible therefore it is important to know how it is correct to divide joint property?
Often there are cases when claims for property (even after drawing up notarial assurance) appear at spouses (or one spouse) after a while. In this case it is necessary to know that process of the section can be begun if after the divorce did not pass three years.
The issue of the section of property is in court resolved in extremely disputable and difficult situations when spouses cannot independently reach agreement. In this case it is necessary to be prepared for big legal costs and lawsuits.
What cannot be divided at a divorce?
To category of jointly acquired property the things inherited (and also to a gift) or acquired by one of spouses before marriage do not get.
But also in these cases there can be exceptions. For example, if one of spouses got a house (apartment) by inheritance, and the second spouse made in it capital repairs for the money.
Personal property of each of spouses is not subject to the section. It is impossible to divide footwear, clothes, personal care products, mobile phones, generally - all things relating to individual use.
The section of property at a divorce in each case has the nuances, but all family disputes have to be solved in a lawful framework - in court.