How can you avoid sharing property in divorce?

Alas, statistics are inexorable. One married couple has two divorces. Maybe it's easier, maybe it's faster, and it's making it harder to see one's "own" person. A lot of people think of the official dissolution of a relationship as a normal phenomenon. What's not normal is staying after a marriage without a penny in their pocket.

Even married women who are only preparing to become a wife want to know in advance how to protect themselves in a divorce? How do you get the set aside? Unconditionally, the situation is different. Perhaps you have learned that your husband has a lover and has not put up with it.

You may not have taken advice on how beautiful it is to break up with your man, but more importantly, in a critical situation, you know what to do first, react quickly and in no way stand aside while a former faithful man tries to cut off a fat piece of shared property.

To begin with, lawyers recommend that they immediately identify all the things and property that are in your family. Follow a simple note about what is not shared:

• Property inherited by the husband (and not converted to you);
• Property that the spouse has received free of charge or has privatized;
• Premarital property.

But all the property, real estate, things, and so on, that were acquired when you were married, are equal to you and your ex-husband.

Imagine the hypothetical situation: you lived in Moscow, you moved to your fiancée in Peter, you didn't have anywhere to live or you didn't have enough for a new apartment, you sold one of your own in the capital and bought a twin in the new city, and technically, real estate was bought with money that was already shared in the marriage, which is actually absurd, but life practice has shown that enough husbands and wives are trying to claim an apartment like this during divorce.

What to do in a situation: even if your love has taken your roof off, even if you truly believe that you have an alliance once and for all, do not lose documents that will confirm that the apartment has been bought with premarital means; alas, the unions are falling everywhere, as proved by the USSR; it is desirable to keep the papers in a place that your husband does not know about.

The system isn't so stupid, it means not recklessly all the purchases made since the marriage was registered, but the funds that can be considered common, and if you buy real estate for your own blood, and you can prove it, the court won't let you down.

Let's expand on the real estate situation, let's say you invest $10 million to buy a new apartment in Peter and your husband $5 million, which seems to have been paid by both spouses, so after the court's decision, the ex goes exactly half, which, of course, is unfair.

What to do in a situation like this is to have proof of wealth and investment. If you have such papers, the court will divide the house in proportion to the one who deserves it.

It's going to be a very difficult situation if you don't work or work, but you get less husband, but you have children. On the one hand, a husband can actually set up most of his property for himself in court, he's spent all these years of health and he's earned money. On the other hand, isn't 24-hour parenting really hard?

What we're gonna do in this situation is it's gonna be unpleasant and perhaps weird for our breadth to make a marriage contract. It's the only way to get our share of the money 100%.

Yes, this kind of practice has so far been perceived as hostile in Russia and the CIS countries, but its popularity is increasing.

And if you're initially thinking that one spouse is working and the other one is raising, it's better to share the property on paper by seeing how much your half evaluates the situation.

It's a nasty situation, because a lot of greedy men trying to leave their ex-girlfriends with nothing before they get divorced get involved in nasty stories. For example, they rewrite an apartment and a car for a brother. A woman in this situation may not know anything at all, and then it turns out that a business relative went through a bad time, the property went from a hammer to his creditors, the family was left homeless and the means of transportation, as they say, and he didn't take it, and he didn't give it to others.

What to do in a situation: Avoid middlemen, make sure that the husband has not approached them, because many do not know what is described in the first paragraphs, having premarital property documents, you are not at risk.

In most cases, if your husband inherits an apartment from your grandmother, you are not even entitled to a meter out of it, but in reality, you build this nest all around you, you work in two jobs to provide both suspension ceilings and panoramic windows and fireplaces in the middle of the room, but in divorce, the husband does not agree to give up a portion of the money, to pay away, to inherit, to do away with the law.

What you're going to do in this situation is you're gonna have to say, there's a phrase like "significant improvements," which makes it possible for a market-owned apartment to take off once and for all. If you prove that you've been in the renovation, you're gonna get a certain amount of housing. Keep the evidence. For example, checks on building materials that you paid with your card.

For example, you and your spouse lived in a one-room apartment. Then a divorce happened. Property was divided into two equal shares. But you still have to live with this man under the same roof.

What to do: To discuss options in advance before divorce. To sign the same marriage contract. It is to be noted that one piece of paper can ease any divorce and save you from the headache of the division. You can state in the contract that the apartment leaves one of the spouses, while the other one receives the same amount of compensation for it. In the end, the option is simply to take a loan.

So let's say you think you're smarter than everyone else, and you sold a common car in secret from your husband when the case was going to divorce, and it's understandable, but stupid, and in court, the ex-husband has the right to protest, and he's probably gonna get paid for the sale.

If you sell any property on your own while you're married, you have to get permission in writing from the other half, no matter how much he pranks you and pisses you off, the decision can save you during the divorce, otherwise any deal can be challenged.

As far as real estate is concerned, it's pretty simple, and in principle, all sales are accompanied by a notarized consent of the spouse.

In fact, the traffic authorities don't care if the husband or wife knows about the deal.

It's a shame if a similar situation happens to you, and you learn that a man behind your back is trying to get a new SUV that's very, very tangible.

Before the deal, you have to submit an official document to a person who's going to buy a car that won't agree to the deal, believe me, very few people are going to want to get involved in further court proceedings and wait for a court decision.

That's why the buyer's gonna break the deal.

After the transaction, sue the court for the division of the joint property, make sure to include the car on the list, and the transaction will come up during the judicial review.

As a result, the former must either compensate you for her other property or pay your share.

Let's say you live with your husband, you live, and you decide to buy a washing machine, or go to the sea for a vacation, or something like that.

What to do in a situation: general obligations must also be shared, but in court, it is important to prove that the loan was made for the common needs of the family and that the second person knew about the debt at all, which in practice is difficult to do.

A lawyer will help, as well as a timely discussion with the bank, bring him in as a third person at the hearing, and the institution must understand that you are probably less likely than two people to receive payment from one of you.

Make sure that your husband is the guarantor.

How many families haven't broken up... what would you think? Feelings? Children? No, a strong mortgage. When a wife pretends to pay for a dwelling for 10 years, her husband's shortcomings don't seem so critical.

Every time lawyers say you have to study the documents before signing, especially with regard to such large-scale transactions, so get into the theoretical part, and the mortgage is now being processed on one of the two schemes.

In the first case, the husband and wife are with the borrowers; in the second case, one is the borrower, and the other is the guarantor; and if you are with the borrower, even after the divorce, your husband will have to pay his dues.

If you're a borrower and your spouse is a sponsor, technically, you'll have to pay.

What to do in this situation is to change the loan contract during marriage or divorce, and provide the bank with proof of a person ' s ability to pay.

Your husband may not be happy about this move, but you can challenge the contract in court, as well as any property obligations.

By the way, you can discuss with the employees the option of selling housing and paying off debts, and now, in divorces, banks are often involved in these kinds of transactions.

Our man's mind is that if love is to the coffin, if marriage is to the gray hair, then there's a lot of problems and ugly situations in the end. In the west, the marriage contract has become an integral part of the life together. Perhaps there is a cold calculation, but the divorce procedure is not the whole circle of hell. If your husband loves you, he'll be fine with that request, because he's not going to divorce. In general, we'll talk about all the details of such a document in future articles.

It is better to arrange for the division of property before divorce, and do not be lazy to retain any evidence in your favour, whether it be checks or checks; you are going to sell something, and you are going to get the approval of your spouse.

Do not be afraid to argue about loans and mortgages, and then you will leave your marriage painlessly and in your favour.

Moreover, you will probably maintain a normal relationship with your ex, and you will consider him a gift, not a punishment.

How to Avoid the Separation of Property in Divorce

The spouses have the opportunityAvoid division of propertyThis will require a marriage contract, a division agreement or not to address the issue at all in divorce proceedings, and sometimes people use irregular methods to prevent the division of property, and the other party will need to take action to secure personal property.

In order to avoid the division of property during the marriage, the spouses will have to draw up a marriage contract, and the text of this document will indicate everything relating to the ownership, use and disposal of property that is the joint property of the husband and wife.

In divorce, the best way to make a separation agreement is to deal with the issue quickly and peacefully.

However, the spouses may not raise the matter in court: then there will be no division of property.

For example, it is not always necessary to sell personal property in order to acquire joint property.

When a marriage is dissolved, it will be difficult to prove the investment of personal money.

However, if the sale of personal property is not necessary, a contract should be drawn up stating that a specific amount of money is spent on the acquisition of common property through the sale of personal property.

The benefits of a marriage contract are as follows:

• Establishment of the property regime required by the spouses;
• Confidence in the possession of personal property;
• It is not possible to refuse to comply with the conditions laid down in the document at its own discretion.

The contract may be terminated only in court or by mutual agreement between the spouses.

The disadvantage is a negative attitude towards such a form of regulation of property rights and obligations, and yet an increasing number of Russian citizens are entering into marriage contracts, which is particularly relevant for owners of high-value real estate or profitable businesses.

The spouses have the right to prescribe in the marriage contract all rights and obligations.

• A person has the right to deal with his or her personal property without the consent of his or her spouse;
• Property may be used, but money obtained from such transactions will be owned by both parties.

The obligations of the pairs are as follows:

• Respect for the property of the second spouse;
• Absence of the right to enter into risky transactions which may result in a reduction in the income of the second spouse and other adverse consequences;
• The need to inform creditors of the modification of the marriage contract and its cancellation.

The marriage contract must be certified by a member of a notary agency and may be drawn up before registration and during marriage, but the contract shall enter into force only after the conclusion of the marriage; only persons of legal capacity may act as the parties to the agreement.

If the following conditions are included in the text, the spouses ' marriage contract will be null and void:

• Conditions which limit the legal capacity of physical persons;
• Conditions governing the personal non-pecuniary rights of spouses (e.g. prohibition of employment by instead raising children or maintaining a household, or by writing a condition under which all property will become property of one spouse in the event of the other ' s treason);
• Conditions that significantly affect the rights of a party.

With regard to the regime of ownership, instead of the standard joint wife, it is possible to choose the regime of personal ownership, equity or mixed ownership.

In the following situations, it is permissible to terminate the marital contract by judicial means:

• Any of the spouses has violated the terms prescribed in the contract;
• The life circumstances under which the spouses formed the marriage contract changed considerably (if the changes had occurred earlier, the husband and wife would not have made the contract);
• The text of the treaty itself contains the conditions under which the document automatically becomes null and void and the conditions are in place.

The spouses also have the possibility of drawing up an agreement on the division of property, and this document, like the marriage contract, can be confirmed by a notary agency official, but this is not necessary.

The law permits the following to enter into an agreement on the division of property:

• During marriage;
• After divorce at the request of the husband or wife;
• If the creditor has requested the division of common marital property in order to recover the share of either spouse.

The agreement should specify:

• The shares that are owned separately by the husband and wife (not necessarily equal);
• Whose wealth is passed over to.

The agreement on the division of property should also take into account the rights of common minor children.

Supply a sample of the property-sharing agreement

Judicial practice shows that in divorce, people often do everything they can to preserve their property, such as:

• The spouse sells the common property to his or her relatives under a sales contract in which the minimum value is prescribed (the second spouse in the case of divorce and division of property at best only half of that amount);
• Also, an iniquitous husband/wife may, under a good excuse, assume all the responsibilities for the registration of property, and in the event of a divorce, it will be found that he has handed over the property to his parents by means of a gift;
• Another option is to remove all personal funds from the bank account and hide them;
• The spouse may also deprive the other side of the evidence - bills, cheques, and property receipts.

In order to prevent the division of property, many do not have to do so legally. In order to secure personal property, care must be taken to conclude documents, to carry all checks and receipts, and to participate in every sale of property.

The first is not to raise the issue of division in court proceedings, in which case it will be necessary to negotiate with the ex-husband of the property to whom the property will be transferred, but the law does not guarantee that property rights and obligations will be respected.

The second way to avoid division and related problems is to draw up a marriage contract before the marriage is registered or after the marriage is concluded.

A third way to facilitate the division of property upon the dissolution of a marital union by the courts is to make a separate property agreement.

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How smart to share property after divorce: 9 simple steps

Find out what you're claiming.

Be guided by the fact that the spouses are legally entitled to half of the property acquired during marriage, which means that all that was yours before the wedding remains with you.

You also have property acquired as a result of non-reimbursable transactions, such as inherited or contracted gifts.

Note that if your parents gave you an apartment after the wedding but made it through a sales contract rather than a gift, the ex-spouse or spouse has the right to claim half.

Non-material rights are not shared: if one of you is a writer, for example, he will receive royalties, and divorce will not affect it.

The joint property (all that was bought during the marriage: real estate, cars, household appliances, and even dogs and cats) is to be divided, as is the money that both spouses have earned in the bank.

It is understandable that dividing an apartment or car in half is problematic, so often the object passes over to one of the spouses, and it pays the second half of the cost.

And bear in mind that the date of commencement of marriage is, of course, the date of the marriage, but the date of the end is the date of the actual end of the cohabitation and the maintenance of the household; so if you have actually separated from your spouse long before the formal divorce, that is the date of the end of the marriage.

In some cases (listed in article 39 of the Family Code), the court may decide that one of the spouses is entitled to more than half of the joint property.

For example, if one of the spouses has two or more minor children or if the other spouse did not earn income during the marriage for improper reasons.

Unrespectable reasons must be valid — that is, not just a person who did not work, but who did work and was in a drug trial or who was in prison. In any case, the extent to which you deviated from the customary division of property was equal will be decided by the court, but you can offer your own option.

So moral: four rules that won't let you lose your property in a divorce.

An entrepreneur from St. Petersburg saved an apartment in the centre of the city, and the sale of the wife ' s private apartment, which she purchased before her marriage, was also financed by an expert.

In order to get out of the tax on the sale of the apartment, the husband indicated the sum of 1 million roubles in the contract, and the new housing in the centre of the North Capital was also purchased on paper for 1 million roubles (sellers also wanted to save on taxes), although it was much more expensive, and the substantial difference was paid by the husband; however, the new apartment was for the wife and daughter.

How to divide property in divorce: 4 main facts to be taken into account >>

After some time, the marriage fell apart and the question of the division of property arose, and the case of the former spouse was not difficult, since the wife ' s share of the apartment was purchased during the marriage, which means that she is divided in half, tells the Chernocals.

The six main rules for buying housing in Russia that will save your money >>

This is precisely the situation where the low cost of the apartment was indicated in order to save on taxes, but one of the spouses has lost the opportunity to prove that he was investing in it, explaining to the Chernocals.

The second error was that he did not initially register his share of ownership of the apartment by signing certain agreements with his wife.

The expert urges the spouses not to accept any fraud and to protect their interests.

Let's split it all together.

The spouses may simply lose their share of the joint property by "unjustly" divorcing themselves.

During the marriage, the spouses purchased two apartments, one for the husband and the other for the wife; after the dissolution of the marriage, the spouses decided that everyone was entitled to the apartment that was registered to him, without any legal support for the contract.

Five years after the dissolution of the marriage, the wife died, and the heirs were about to inherit.

• To each his own people: How to share the inheritance with hostile relatives >>
• However, the court denied him the requirements on the grounds that the husband did not live in the disputed apartment after the dissolution of the marriage, did not use it, did not pay the communal fees, did not attempt to resettle the apartment, and that more than three years had elapsed since the dissolution of the marriage, i.e. the statute of limitations had expired.
• It is legally difficult to determine the beginning of this period in disputes over the division of joint property after the dissolution of the marriage if more than three years have elapsed since the official divorce, as noted by the lawyer at the Law Office of Leontiev and Partners, Thamaz Mstun.
• Therefore, in order to avoid such legal disputes between former spouses, a lawyer advises them immediately after the divorce, either through the court or through the signing of a "peace" agreement on the division of joint property.
• Credit apartment section

One of the most convoluted but typical stories of the division of property in divorce is the allocation of credit housing, said the partner of the Shabaab and Partners Law Office, Igor Vyalov, who gives the following example.

The mortgage agreement identified the husband as the borrower and the wife as the borrower. At the dissolution of the marriage, the question arose as to which spouse would retain the right of residence in the apartment.

Several ways can be used to divide an apartment purchased by mortgage in the event of a divorce.

The second way, when the husband and wife, again after agreement with the bank, can convert the mortgage into one of them, in which case the second is exempt from payment of the loan, but loses the right to real estate.

Sometimes, according to the lawyer, there are situations in which, for example, relatives contribute to the primary mortgage contribution to one of the spouses.

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In this case, however, the actions to transfer such money must be properly documented, either by drawing up a loan contract specifying the amount and purpose of the funds, or by making a receipt for the transfer of the money.

This point may also be stipulated in a marriage contract, which may also be drawn up during the marriage.

The lack of adequate proof of the spouse ' s use of personal money in the transaction entails recognition of the property as joint property of the spouses.

Protect the "quadrat" from the wedding.

It is also difficult for spouses to share property if they have not taken care of the protection of their "quadrats" at the time of the wedding, and one of these stories remembers Vialov.

The man inherited a country home from his parents, and after a few years he got married, and the house was completed, and the needs of the young family were better served by sharing the money.

This, of course, seemed unfair to the wife.

How to avoid family strife over real estate: 4 simple rules >>

However, Vyalov confirms that each spouse ' s personal property may be recognized as joint property if it is established that there are investments made during the marriage that significantly increase the value of the house; for example, major repairs, renovations, alterations or other works have been carried out.

Counsel therefore advises the spouses, at the time of the marriage, to sign the marriage contract and to write immediately into it all the immovable property that is held in the personal property of each of them.

I want to share my marital property with my sons, not share it in a divorce.

I plan to divorce my wife, and I want her to get nothing.

In common, there is land, a small dwelling, and an unconstructed building. The land and house have been privatized on me. I've also allocated money to the house. I want to give all the property to my sons and then divorce, because I suspect the wife's infidelity. Can the wife challenge the deal?

Anonymous

Even if the wife did not work and sat at home with the children, and the husband financed the construction from his salary, he is not the sole owner of the property; the income of one of the spouses is also common property.

If you want to give something of the common property to your sons, you will have to ask your wife's opinion.

If you decide to sell or give property without her consent, it is theoretically possible, although there is no chance that such a deal will pass through Rostreister without notarial consent.

But even if it does, then it's easy to challenge the deal.

So if the husband goes to court, the contract is declared null and void because you had no right to dispose of common property without her consent, even in favour of your common children.

The incomplete structure in the division of property has the same weight as the built-up one, simply dividing it is more difficult, and the law has the concept of "the object of the construction in progress".

Even if the house does not have walls and windows, but only a foundation, it can be assessed and registered in the public registry as immovable property.

If you want to avoid sharing property in divorce, you have three legitimate ways.

1. It is not lawful for a spouse who is guilty of infidelity to be deprived of all property; even a severe imbalance in the division of property may be declared unlawful by the court; and a formal condition may be included in the contract if the parties voluntarily do so.
2. Make a voluntary pre-trial agreement on the division of property, which will determine who and what belongs to in advance. This will facilitate the process. Do not make the court count the shares and issue an order on how to divide the house in half, although it cannot be divided.
3. Prior to divorce, arrange for the giving of property to the children or obtain their consent in a notary form or the power to make transactions.

What do you want to do?

How do you split a dog in a divorce?

There are no other legal means of avoiding the division of joint property in divorce; unfortunately, or fortunately, no law in the Russian Federation considers the treason of one of the spouses to be a legitimate basis for a unilateral review of property rights; for this purpose, a marriage contract has been made up.

If you have a question about personal finances, rights, or laws, write.We'll answer the most interesting questions in the magazine.

Sharing property in divorce: How to Avoid Tricks

Context

The decision to dissolve Potanin's marriage entered into legal force. The actions of Denise Dolgov's wife concerning the division of property and divorce will be considered separately by the Court in London. The divorce of Russians, confirmed by the Russian Court authorities in Moscow, was granted by the singer Valerie Meladze's claim for the divorce of Zammer Moscow Lixuts in divorce.

Our country has recently experienced a wave of high-profile divorces, with its "second half" being broken up by the president, the famous billionaires Vladimir Potanine and Dmitri Rytolovev, who are now called the most expensive divorce in the world, while the courts deal daily with hundreds of cases of ordinary Russian families and spouses who have decided to end their lives together.

How to avoid tricks and achieve a fair distribution of property in divorce — another issue of our column.

"Fraternity"

This trick is described by practicing lawyers as the most common way in which an unfair husband or wife tries to undermine his wife in a divorce. Hitretz makes a large-scale debt receipt with an accomplice friend, and then presents it in court.

On the basis of article 45 of the Family Code of the Russian Federation, loans made by one of the spouses and used for the needs of the family (say, for the purchase of an apartment or other property) are recognized as a common debt.

Under article 39, paragraph 3, of the UK, total debts are shared between the ex-husband and the wife in proportion to their share of the property.

The second half, shocked by the news of a secret debt, is offered to pay a portion of the loan, or to give up a portion of the property in order to reduce his share of the debt, and the co-conspirator of the second spouse, being a true friend, does not claim money.

There are several ways to stop such "fint ears":

(1) If an unfair spouse insists that a friendly loan was used to buy an apartment, give, etc.

(this is often the case in practice), it is possible to request a cash flow statement in the husband ' s and wife ' s accounts during the marriage.

(2) Sometimes the lawyers of a wife or husband who is at risk of being hit by the trick of the second half suggest that the principle of "cline" should be used; that is to say, the sneaker is shown a counter-census, saying that the other spouse has also managed to borrow a large sum from his friends, which often encourages peace and the sharing of assets in a fair manner.

(3) It should be borne in mind that the use of a fraudulent receipt to "truth" a part of the property is a fraud, i.e. the Criminal Code (art. 159 of the Criminal Code); if you wish to conduct a full investigation, you can, at the very least, threaten the bad-faith half and her accomplice.

"It was yours, it was ours."

Most of the spouses know that if the property (say, the apartment) belonged to the husband or wife before the marriage, it is not possible to claim division in divorce, but there is often a situation where the spouse sells his or her personal property after the wedding to build a family nest, for example, to improve housing conditions by buying a more spacious apartment.

In the future, if the matter comes to a divorce, the division is to be carried out fairly; the share of the property in which the money is made from the sale of the pre-marital property is to be separated from the spouse who made the contribution; and the rest of the property is divided in half in accordance with article 9, paragraph 1, of the Family Code.

In practice, in most cases, the spouse who did not have a wealthy dowry insists on the equal sharing of all property acquired during the marriage, which means that all transactions were made on the basis of the total income earned during the joint life (article 34, paragraph 2, of the UK).

• In order to resist such a ruse, the court must prove the contribution of the husband ' s premarital property and, for the most convincing evidence, the lawyers recommend that the following set of documents be stored:
• - A contract for the sale of pre-marital property and related payment documents; — a contract for the purchase of property to which the personal funds of the spouse from the sale of pre-marital property have been contributed and payment documents for the contract; — a statement of the movements of money in the accounts of the spouses in banks;
• - Other documents confirming the income of the spouses.

Together, all these certificates confirm that the money earned by the husband and wife during the relevant period during the marriage was not sufficient to purchase an apartment (or other joint property) and that the missing amount is equivalent to the proceeds of the sale of the pre-marital property of one of the spouses.

"Give it to someone else."

A billionaire, Dmitry Fishermanov, in order to save some of his wife's property in the divorce, transferred it to the children's name.

The Court had approved the care of the heirs, despite the fact that the ex-spouse had attempted to challenge such acts.

According to article 35, paragraph 3, of the Family Code of the Russian Federation, a husband or wife may not make a transaction without the notarized consent of the second spouse if the transaction itself is subject to a notarial certificate (e.g. the transfer of an apartment under a contract of rent) and (or if the registration of the transaction is required in accordance with the established procedure.

At the same time, the law stipulates that such transactions concluded without the consent of the second half are not automatically invalid (i.e. are not null and void).

In order to render an unconfirmed transaction invalid, the "insulted" spouse must, without waste of time, have recourse to the courts; the limitation period in such cases is shortened to one year from the time when the duly dressed spouse knew or should have known that the transaction had been committed (see article 35, paragraph 3, of the UK).

Note

In any event, articles 34 and 36 of the Family Code of the Russian Federation should be carefully studied before the division of family property, detailing the lists of assets that are considered to be joint property, as well as personal property belonging exclusively to a particular spouse.Anna Dobruha, Lawyer

How can you avoid sharing property in divorce?

According to Russian law, when a marriage is dissolved, the acquired property is divided equally, and in this article we will talk about how to avoid the division of property and consider legal ways of doing so. Remember that if you have legal issues in divorce, it is better to discuss them with professionals.

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Which property is to be divided

Information on the division of property is contained in articles 34 to 36 of the Code of Family Code of the Russian Federation, the traditional situation where 50 per cent of property is allocated to each spouse concerns property acquired during an official marriage (art. 38 to 39 of the Code of Criminal Procedure).

Items (instruments) must be purchased for joint money (including credit sila loans), including commercial income, wages, business profits, social benefits.

The important thing is that the purchase be made during the marriage.

Which assets are not to be divided

No items (instruments) purchased before the dissolution of the marriage are shared, but during the period when the husband and wife have already separated and managed the household separately.

Property is not equally divided if there is evidence of a great waste by one party only on itself.

The property acquired by the party before the marriage is considered personal property, but if the other spouse has invested his or her own money in the improvement of the property, he or she has the right to claim a proportionate share.

For example, the wife had an apartment, and the husband had made a major renovation by putting a lot of personal money in the house, and now he can claim some of the money back in the divorce.

How to avoid the division of property: best options

It is possible to prevent the division by official means: to conclude a mutual peace agreement or a marriage contract; the information relating to the marriage contract is contained in articles 40 to 44 of the SC of the Russian Federation.

The latter is considered to be an almost shameful act — as it is, in concluding a marriage, to think of its dissolution — but it is this attitude toward living together that is a manifestation of the human concern of the spouses for one another.

A marriage contract would help to avoid the division of property, even when the divorce process was under way; that was also the best way out of the situation because the document could contain the smallest details.

The contract is drawn up on the basis of a model drawn from a notary or in a free form, and the main point is to specify all the paragraphs in a very clear, short and clear way.

If there is a marriage contract, the divorce court will be guided only by it.

The preparation of the contract includes:

• Detailed discussion.
• The formation of the contract itself (with or without particular property).
• Payment of government and notary services.
• A document in a notary with a signature and a stamp.

If a specific property is listed in the contract, there is a need to add evidence to the list, but usually, if the spouses make up a marriage contract and want to resolve it peacefully, the prices are not in question, divided and divided.

A contract is concluded for a period of time or for an indefinite period; in one case, it will cease to apply after divorce and division of property, in another case until the said period has expired; if the contract is certified, passports and a copy of the marriage certificate will be required; the document may be amended only with the consent of the spouses.

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The second option is a marriage agreement, i.e. a peace agreement between the husband and wife on how they will share property in divorce. One or more agreements can be concluded: during marriage or during divorce. The document will specify, for example, that the house remains the wife, the car is the husband.

For the agreement to have effect, the property that is divided must be registered in Rosreister.

When the marriage contract after divorce will be null and void

But if there is no hard evidence, the court will not change the contract.

For example, one of the spouses forced the other to sign the document under pressure, and third persons were present, or the signatory was in a state of incapacity, which the other party used.

By concluding a peace agreement or a marriage contract, spouses may agree without cheques that, for example, personal assets spent on repairs will be returned to their spouse.

The court will require contracts for services, checks for goods, credit agreements and other proof of investment.

Disbursement of assets: end of limitation period

Under the law, the division of property may be carried out within three years from the date of divorce (art. 35). After this period, nothing can be separated.

For example, after the divorce, the wife went abroad without converting the dwelling into herself (even if she was separated), and if the husband returned in four years, she would not be able to sue the apartment.

There are no other ways to prevent the division of property.

It is better to ask a lawyer for qualified advice in time than to end up in prison.

Sources:

SCR, art. 32.

Russian Federation, art. 34

SCR, art. 35.

SCR, art. 36.

SCR, art. 39.

SCR, art. 44.

Article 159 of the Criminal Code of the Russian Federation.

As property is divided upon divorce — housing, car, credit

When a marriage is dissolved, there are rules for the division of the spouses ' divided and indivisible property, and the debts arising during the life of the couple are treated separately.

The only appropriate way to distribute property is through judicial review of the dispute; depending on the degree of mutual hostility of the spouses, it may occur quickly or over time.

It is not desirable to leave the division of ownership of the property, since the second spouse, after divorce, may obtain a review within three years (if not first brought before the courts).

Distribution of the share of the spouses ' joint housing

Apartment (house) divided by principleEquality of shares- If the property was acquired in marriage, each of the spouses is given an equal share.

It is not affected by employment or income because all earnings are considered to be shared; the presence of children does not change the general principle of judicial procedure, but may affect the manner in which housing is divided and the manner in which maintenance is awarded.

An apartment purchased by the spouse with personal funds (inheritance, special payment from the State fund, gift) cannot be divided.

If the transfers were only part of the total value, the share acquired by the total money is divided in half; one of the spouses may receive a small portion of the dwellings purchased without his participation before the marriage, if he has invested in its reconstruction and renovation.

The payment of utility charges is not a basis for claiming the share of the dwelling.

Principles for the division of the machine

The weekly property that spouses cannot share is motor vehicles.

The transfer does not take place free of charge – a family member without a car receives compensation equal to half of the market value of the car (established by expert assessment).

Similarly to housing disputes, a car cannot be divided if it was purchased before the marriage or for its own savings; with a large number of expensive properties, it is feasible to reach a compromise that does not require mutual monetary compensation.

In addition, read the article "Distribution of Cars in Divorce. "

Allocation of loans

Loans made during marriage are divided upon divorce.

In the case of expensive purchases, collateral (real property) is usually sold to repay the debt; this is often demanded by a bank whose credit is divided solely in the presence of a bank lawyer.

The distribution of the rights to the credit machine and the remaining payments is calmer, and the liabilities are often transferred to both spouses because of the smaller amount of debt that can be repaid with a more modest level of income.

Also read the article "How Credits Are Shared in Divorce. "

How to avoid the judicial division of property?

In order to exclude a lengthy decision-making procedure, the spouses may reach an agreement on the division of property, which must be written in writing and certified notarily, and then apply for divorce in the civil registry (if there are no children).

If a child has a child, it is necessary to apply to the courts; if the agreement does not violate children ' s rights, the court will not delay the decision and will recognize the agreement as valid.