How is property divided between spouses during divorce?

Despite this, divorce is still a serious step in the lives of both spouses. The difficulties of the divorce process are aggravated by a difficult emotional state, in addition to this another important question arises - how to divide property?

The rules for its division and severance of marital relations are regulated by the Family and Civil Codes of the Russian Federation.

Legal basis

If the spouses do not have an agreement on the division of property, then their jointly acquired property will be divided according to the law. The legal grounds are the Civil Code of the Russian Federation and the Family Code.

The Family Code establishes the equality of spouses in their rights. All material assets, securities, cash deposits and shares in business acquired during marriage, regardless of who they are registered in, are considered common and are divided equally.

An option is possible when only the most significant part is divided. The remaining items (small household appliances, dishes, etc.) can be redistributed by the spouses among themselves. However, if this distribution is not officially certified, the property is considered community property.

When dividing property, a divorcing couple should remember that not only material and intangible parts are divided, but also debt obligations . If there is a common debt, it is divided based on the size of the share received: the more the spouse receives in property, the larger part of the debt is awarded to him.

In addition to the right to claim, a citizen also has the right to refuse his part . The refusal is carried out publicly. There is an opportunity to change your mind until the property officially becomes the property of the other spouse. With the transfer of title to property comes the transfer of debt.

What cannot be divided

Not all property is subject to division.

Article 36 of the Family Code of the Russian Federation provides a list of personal belongings that remain the property of one of the divorcing spouses and are not subject to division :

• property acquired by a citizen before marriage;
• personal belongings: clothes, shoes, hygiene products (this does not include jewelry, luxury items);
• property received under a gift agreement;
• property passed to a citizen by inheritance;
• the result of individual intellectual work.

The remaining property acquired during the marriage is subject to division.

Procedure options

Former spouses do not always require division of property through the court. Sometimes this procedure is ignored altogether, and property remains joint property for years after a divorce.

Drawing up an agreement

If both parties can agree on what will go to whom, they can draw up an agreement . Usually it is written before a divorce, but such an agreement can be drawn up at any time until the shares are established by the court.

It clearly states which item goes to whom. Moreover, the division may be unequal: someone’s share is greater, someone’s is less. The main thing is that it suits both parties . Debts may also not be divided equally (or even equally). An option is possible when one of the spouses takes full responsibility for paying the debt obligation.

In short, in such an agreement the parties can make any convenient decision that satisfies both.

The consent can be written (printed) according to a generally accepted template with the signatures of both spouses, a seal and a notary signature. However, it is also possible to write an agreement in any form, but also secured by the signatures of the divorcees.

The more detailed the agreement is, the better. Clarity and detail will avoid tricks and simplify the division of property. It is better to draw up such an agreement with the participation of a lawyer, especially if we are talking about large material assets.

It is worth remembering that the agreement acquires legal force only after the notary’s signature .

Through the court

Download a sample statement of claim to the court for the division of property between spouses during a divorce.

If the spouses were unable to reach an agreement during the divorce, the court will make the decision for them. In order to allow him to do this, the initiative of at least one of the parties is necessary.

To do this you need :

• Write a statement of claim:
  It should contain:
  • the name of the court to which the plaintiff is appealing;
  • Full name of the plaintiff;
  • Full name of the defendant;
  • a list of property and the plaintiff’s demands for its division;
  • grounds for claims and their evidence;
  • the value of the claim (the total amount of property that the court must distribute) and the disputed amounts;
  • a list of documents attached to the application (Article 56 of the Civil Code of the Russian Federation states that the parties to divorce proceedings must prove the grounds on which they rely: marriage certificate, checks confirming the purchase of property during marriage, etc. All grounds for claims must be confirmed);
• Pay the state fee:
  The state fee depends on the value of the claim:
  • up to 20,000 rub. – 4% of the claim price (but not less than 400 rubles)
  • 20,001 – 100,000 rub. – 3% + 800 rub.
  • 100,001 – 200,000 rub. – 2% + 3,200 rub.
  • 200,001 – 1,000,000 rub. – 1% + 5,200 rub.
  • from 1,000,001 rub. and above – 0.5% + 13,200 rub. (but not more than 60,000 rub.);
• File a claim in court;
• Wait for the proceedings on the opened case.

Two weeks after filing the application, the plaintiff and defendant receive notification by mail.

The first meeting is usually scheduled a month after filing the application, but it all depends on the workload of a particular court - the period may increase. The duration of the proceedings does not exceed three months - during this time the court is obliged to make a decision.

In this case, the court is guided by the principle of equality - everyone is entitled to an equal share. But if this is not possible, then one party will receive a larger share and pay monetary compensation to the opposite party.

Before the court makes a decision, those divorcing have a chance to reach an amicable agreement. A settlement agreement is concluded, which has the force of a court decision subject to execution.

The court decision comes into force in a month. If the plaintiff or defendant disagrees, there will be time to file an appeal to review the decision.

If you have children

One spouse may receive a larger share of the property than the other. This is related to the issue of minor children . All property of the child is transferred to the spouse with whom the child remains. Thus, the share of one of the parents with whom the minor remains increases due to the addition of the child’s share to it .

However, making such a decision is an opportunity, not an obligation, of the court. And this possibility is more likely to be realized if the plaintiff states in the application the interests of the minor and substantiates them.

However, you should know that a child’s property consists of personal items: clothes, shoes, toys, gifts, etc. A child can claim the parents' income, but not their property. That is, he does not have the right to an apartment, a car, etc. The only thing the court can do in this case is to give a larger share to the parent with whom the child remains.

Parents also cannot claim the property of their children. If a minor has any large property (donated apartment, etc.), then the parents do not have the right to dispose of it.

Features of the apartment section

It is the apartment that most often becomes the subject of disputes among those getting divorced. It can be difficult to reach an agreement and you have to divide the property in court.

However, the property may be privatized or under mortgage; each case has its own nuances.

Privatized housing

The Housing Code provides for the retention of the right to an apartment by its owner. A spouse who is not the owner of an apartment loses the right to use privatized real estate after a divorce.

The court may reserve the right to use the property for some time, after which the right to use will be terminated. The basis for such a decision may be a difficult financial situation or lack of housing for a former family member. The court may also oblige the owner to provide other living quarters to former family members.

It is convenient if, during the privatization process, the shares of both spouses have already been designated; in this case, after the divorce, each party has the right to dispose of their part of the real estate.

When purchased before marriage

• Things purchased before marriage, received as a gift or by inheritance are considered personal and are not divided during a divorce.
• However, there are exceptions.
• If, during marriage, the spouses jointly made significant changes to the apartment (made major repairs, re-equipment or reconstruction) and the property became more expensive as a result, then it can be recognized as common.

Mortgage

After a divorce, everything acquired is divided equally, including debts. Therefore, an apartment with a mortgage is divided into two equal shares, just like a loan.

For this rule to truly come true, you should contact the bank . He will suggest ways to solve the housing issue.

One option is to sell the apartment . The bank may agree to sell an apartment with a mortgage. Then the proceeds will be used to pay off the mortgage, and the bank may offer to spend the remaining money on down payments to pay for two new premises.

Another option is to split the payment and the apartment equally . This is not a very convenient option if the ex has no other place of residence. In addition, it happens that one of them stops paying the mortgage. In this case, it will be more profitable for the opposite party to pay both parts of the debt and be able to claim a larger share.

If one party to the divorce proceedings renounces its right to the apartment and transfers it to the other party, then the debt automatically passes to it. In this case, one of the spouses will take the apartment and mortgage.

It must be remembered that banks are not too fond of changing the terms of the agreement. They carefully check the solvency of both parties and often offer options that are acceptable to them, and not to the divorcing parties.

For information on the rules for dividing property between spouses during a divorce, see the following video:

Division of property during divorce: how to divide, where to start, rules and methods

Keeping a family together is not as easy as it seems at first glance. There are many reasons why people who once loved each other resort to divorce.

In situations where it is no longer possible to improve relations, husband and wife begin to discuss property and financial issues. In this case, many controversial issues arise, but most often spouses cannot decide how to divide jointly acquired property during a divorce.

There are two ways to divide common property:

1. File a claim with the appropriate application to the judicial authorities.
2. Draw up a peace agreement with your ex-husband (wife).

In any case, it is necessary to know what property is divided during a divorce and in what order its division is carried out. Divorcing spouses are divided into:

• joint income (salary, money received as a reward for mental activity, profit from running a personal business);
• real estate and movable assets purchased during marriage;
• non-target payments, benefits;
• securities.

However, not all property acquired during marriage can be considered joint property of the spouses. In case of divorce they do not share:

• items received by the husband (wife) free of charge;
• property transferred to one of the family members by inheritance;
• property purchased with personal savings;
• monetary payments for a specific purpose (insurance, compensation for moral damage);
• property belonging to children under 18 years of age;
• personal items (shoes, clothes).

Important! If jewelry, jewelry, items of high value (an expensive painting, a car) were purchased during marriage, they automatically become the common property of the spouses (regardless of who bought them).

But after a divorce, they remain with the person who used them.

How is property divided by mutual consent?

Divorcing people can decide how property will be divided during a divorce without the help of a court. If a compromise is found, the spouses enter into an agreement on the division of jointly acquired property.

The agreement acquires legal force after it has been certified by a notary. It certifies that the document complies with the standard established by law (an example of an agreement is here), and the text of the agreement does not violate the norms of the Family and Civil Codes.

It is not recommended to divide property without a written agreement of the husband (wife). If you agree only in words, one day the spouse may still file an application with the court demanding to divide the jointly acquired property. Proving a violation on his part will not be easy. Therefore, it is better to insure yourself and formalize all agreements in writing.

The property division agreement specifies:

• information about both spouses: full name, date of birth, place of residence;
• the day of drawing up the agreement between the parties and its entry into force;
• a list of divided property with its detailed description;
• the terms of how property is divided during a divorce;
• signatures of both parties.

Before executing the contract, the spouses decide what part of the property will go to each of them after the divorce. They have the right:

1. Establish shared ownership of property by concluding an appropriate agreement. According to the law, divorcees have the right to the same share of property, but it is not necessary to divide everything equally.

   

2. Divide property among each other based on the value of the items. The husband can take the car and leave the household appliances and furniture to the wife.

   Their total cost should not be less than the cost of the vehicle. This is how items are divided that cannot be partially owned.

The agreement on the division of common property is drawn up on a voluntary basis. The conditions under which property acquired by spouses is distributed must not contradict the law. If the conditions infringe on the rights of the wife or husband or their child, the judge may declare such an agreement invalid.

Sample agreement

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Court decision on division of property

Divorce with division of property is a difficult process, both financially and morally. Often the relationship between spouses is so damaged that they are ready to clarify the issue of ownership of common property only in court: immediately upon divorce or after the divorce process. In any situation, you must submit an appropriate application.

If real estate is divided, contact the judicial authorities at its location. In other cases, a claim for division of property (you can see a sample here) is filed with an authority located in the city where the defendant lives.

The statement states the following:

• claims with their justification;
• evidence confirming the veracity of the applicant’s words;
• a request for divorce, collection of alimony;
• date and signature (put by the plaintiff).

Sample application

If the division of property was not made during the divorce, the claim is filed on any other day, but no later than three years from the date of divorce.

Along with the claim, the spouses file:

• marriage registration certificate (original or copy);
• children's birth certificate (copy certified by a notary);
• income certificate;
• information about the property that is subject to division (in the form of a list);
• documents confirming ownership of the divided property;
• a copy of the divorce claim (a sample for viewing is here), other papers as required by the court.

The court is obliged to consider the claim within 5 working days. The court issues a decision on how property is divided during a divorce no later than two months later. It gains legal force 10 days after its issuance.

If divorcing people do not have minor children, the property is divided in half between them. However, the judge may increase the husband's (wife's) share if it has been proven that the spouse:

• did not work without good reason and was not involved in housekeeping;
• constantly reduced the level of total income, spending it on his own needs (for example, he spent money on gambling, buying alcohol);
• served his sentence by court order.

Real estate purchased before marriage, after its annulment, remains with the person who bought it. The second spouse must vacate the living space (according to the law, he cannot lay claim to such property).

When spouses are unable to resolve the issue of dividing common property amicably, the court sometimes issues an order to sell it. The resulting funds are distributed between the wife and husband.

When dividing loans, the judge pays attention to what purposes the money was taken for. If the husband and wife spent it together (on a trip abroad, vacation), the remainder of the debt is paid by both spouses (in equal proportions). A loan taken for the needs of one family member is returned by the spouse who issued it.

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How is an apartment divided if it is on a mortgage?

In the event of a divorce, the husband and wife have the same rights to the apartment if the loan is paid in full. If the debt is partially paid, the following scenarios are possible:

1. Transferring the loan to one of the spouses. In this case, the second family member gets rid of the obligation to pay the loan and loses all rights to the property.

   The decision to re-issue a loan agreement is made by the bank based on the solvency of the potential payer.

2. Changing the terms of loan payment - the debt is divided between the spouses.
3. Early repayment of the mortgage (at the request of the bank). At the same time, the apartment is sold. Part of the funds goes to pay off the loan, and the rest is divided between the spouses.

The division of real estate for which the mortgage has not been paid can only be done with the consent of the bank that issued the loan.

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How is property divided if spouses have children?

The principle of equal division of property remains in force, despite the fact that the spouses have children under 18 years of age. A minor child cannot claim the property of his parents (he receives a share of the property only in the event of the death of one of them).

Spouses, in turn, do not have the right to separate children's belongings and items, as well as deposits registered in their name. After a divorce, everything goes to the parent who is raising the minor.

The presence of a child is not related to the property rights of the spouses, but in some cases the court has the right to change the procedure for dividing common property.

If the family has children with disabilities who need long-term treatment, the judicial authorities may decide to transfer the property to the spouse with whom such children live (the premises can be rented out, and the money received as a result can be used to pay for treatment). Real estate located in areas with favorable climatic conditions are divided in a similar manner.

When it is necessary to protect the interests and legal rights of children, the court also makes changes to the procedure for the distribution of real estate, the owner of which was one of the spouses even before marriage. If during the trial the plaintiff presented evidence that the minor child is not provided with housing, such property is subject to forced division.

The interests of minors are determined by the judge, taking into account their own opinion. If necessary, children are called into the courtroom to testify.

In general, everyone should know how property is divided during a divorce, because no one is immune from life’s troubles and discord in the family. Only a cool mind and knowledge of all the nuances of dividing property acquired together with a spouse will help avoid financial and property problems.

How is property divided between spouses during a divorce?

Everyone knows the fact that divorce is a very complex process, as evidenced by its mental and legal aspects. During this process, divorcing spouses are haunted not only by psychological trauma, but also by such a serious and intractable problem as the division of property.

The rumor that during a divorce, the common property of the spouses is simply divided in two is not true. The process of dividing property during a divorce takes on a negative connotation when the status of their common property is clarified.

If you want to know how property is divided in a divorce, you should take a closer look at the information below.

Division of joint and personal property of those divorcing

The division of material assets takes place only if the spouses have common property. In the event of a divorce, the shares that the spouses receive must be equal, unless another agreement is concluded between them.

The following are considered joint property of spouses:

• the income of both divorcees, obtained through labor, creative, intellectual work;
• pensions, benefits, financial assistance, compensation belonging to both of the former spouses;
• movable and immovable property - for example, a house during a divorce, acquired while the spouses were officially married;
• general deposits, securities, shares in capital;
• any material assets that were acquired during marriage. In this case, it does not matter in whose name the property was registered and with whose funds it was acquired;
• items of great value - jewelry and luxury items.

Those spouses who during the marriage devoted all their time to raising children and running the household, without having material resources because of this, also have the right to claim all joint property. Those material assets that are called the personal property of each spouse can never be divided.

What property is considered personal?

1. The property that belonged to one of the spouses before the marriage was registered.
2. Gifts in a divorce are not divided, as well as valuables acquired during marriage as an inheritance, that is, property that does not require compensation or monetary compensation.
3. During a divorce, a house, like any real estate that was registered in the name of each spouse due to initial privatization, is not divided, as it is considered personal property.
4. Property and real estate acquired by one of the spouses using the capital that he had before marriage.
5. Personal items intended exclusively for individual use.

The product of intellectual work is considered the property of the spouse who worked on it. In addition, it is not customary to divide between spouses those things that are indivisible. The property that one of the spouses uses for the purpose of performing professional work is also not subject to division.

It is necessary to take into account the fact that some personal property is divided during a divorce as common property, since it can be recognized as common property by a court decision. Such a verdict can be rendered only when the property considered to be the property of one of the spouses has been improved thanks to the assistance of the other spouse.

For example, if in real estate, which is the property of the wife, the spouse carried out repairs, refurbishment or reconstruction. According to Russian law, property acquired by a separate spouse during the period when they did not live together can be recognized by the court as either personal or jointly acquired.

In this case, it all depends on the circumstances.

How are values ​​divided when there are minor children?

Everything that was recorded in the name of a minor child can belong only to him and is not subject to division.

How to divide property upon divorce

The division of material assets can be carried out by spouses either voluntarily or under duress from judicial authorities. It is possible to divide property after a divorce or during the dissolution of a marriage.

Know that it is extremely difficult to divide property with your ex-spouse, especially if he is not in your sight and has managed to take all possible actions regarding the common property in order to hide it, sell it, or simply not give it to you without certain reasons.

In accordance with the legislation of the Russian Federation, if the spouses nevertheless reach a truce and agreement among themselves, then they should notarize their agreement with the help of notary offices in order to avoid further misunderstandings. In cases of this kind, the divorce process will not present any difficulties and will not last long.

In the event that the divorcing spouses cannot reach a truce and a voluntary bilateral agreement, the division will be carried out through court compulsion. With such a division, the court focuses on the division between spouses of joint property. According to the court's decision, property will be divided after divorce by determining the exact shares of each former spouse.

How is property divided between spouses during a divorce?

Unfortunately, divorces occur everywhere and no family is immune from disintegration. That is why the question of how property is divided during a divorce will always be relevant.

Any property of the spouses that was acquired during the marriage will be common and, accordingly, subject to division in equal shares.

Division of joint and personal property

Only if the spouses have joint property is it possible to directly divide it. The law provides for equal division, that is, spouses are required to receive equal shares.

Joint ownership:

• Earnings of spouses. His character is unimportant. This could be income from intellectual activity, labor, etc.
• Any pensions, subsidies, compensation that belong to the ex-husband and wife.
• The property itself of the spouses who were married (movable, immovable). This could be a house or apartment purchased during marriage.
• Investments, securities, etc.
• Other valuables acquired during marriage. It does not matter in whose name the papers are issued or who purchased them.
• Items of great value.

Even the spouse who did not work, but paid all his attention to the child and managed household chores, and, for this reason, without any material assets, has every right to receive half of the property at the beginning of the divorce process.

But there is an exception: the personal property of the spouses is not subject to division.

Personal property

• Property acquired by a husband or wife before the official registration of the union.
• The division procedure also does not affect gifts and inherited property.
• Real estate that is registered in the name of one of the spouses is considered private property and, accordingly, is not subject to division.
• Items intended exclusively for personal use (clothing, watches, etc.).

The intellectual property rights will belong to the person who worked on it. In addition, it is impossible to divide property that is of the indivisible type.

Also, professional necessities will not be subject to division.

It is also important to remember that some private property, by a court decision, can be recognized as jointly owned. However, this happens quite rarely and only in cases where the property purchased before marriage was improved at the expense of the second spouse.

For example, the husband’s apartment, purchased before marriage, was renovated using the wife’s personal savings. In this case, the court has the right to designate housing as jointly owned. But everything will depend on the circumstances.

Division and minor children

If at the time the spouses begin to divorce, they have a minor child, then absolutely all the property that was purchased for the use of the children is not subject to division, but will be assigned to the parent with whom the offspring remains to live.

There is a rule that the court always adheres to: all property registered in the name of a minor belongs only to him.

Division of property without court

Every citizen knows that property can only be divided in court, but this is not the case. There is an exception - a marriage contract and an agreement on the division of property.

A prenuptial agreement is a voluntarily concluded agreement that reflects all aspects of the life of the spouses. The agreement is notarized and drawn up in writing.

Such an agreement can be concluded both before the marriage is registered and at any time during the marriage. The force of the agreement can be extended to any property, including private property, for any time period.

A property division agreement is a mutual agreement establishing the procedure for dividing property. It occurs both in marriage and during divorce. Such a document does not have to be notarized, however, to be on the safe side, it should be done.

And of course, there is such a thing as an oral agreement. However, the method of division is risky in that there are no guarantees that the conditions will be met. And you can’t use this as evidence in court.

Rules for drawing up an agreement on the division of property

As already mentioned, this type of agreement can be drawn up at any period of the marriage, before its conclusion and after its dissolution. But there is still a better moment - the approximate middle. That moment between the beginning and end of a union. Although it is quite difficult to calculate this.

The content of the document that determines how property is divided after a divorce is simple. This includes the following parts:

1. Preamble. It is necessary to indicate the place where the agreement was drawn up, the date, and add the parties involved in the division of property.
2. Subject part. The civil status of both parties and the property that is to be divided are described.
3. Order. This part indicates the order of division, that is, what goes to whom.
4. Conditions. All conditions for the transfer of property are described in detail.
5. Division of private property. An important clause that describes the personal property of each spouse that is not subject to division. This is done in order to avoid claims of the parties against each other in the future.
6. Conditions for the entry into force of the agreement. As a rule, they indicate that the document comes into force after the signature of the spouses. Although you can indicate something else.
7. Conclusion. This should include information about how many copies were made, the procedure for making other changes to the contract and resolving any issues that arise.
8. Signature of each party to the agreement. A mandatory point that should not be forgotten.

Property division period

Modern Russian legislation establishes a period for the division of property between former spouses of three years (for details, see paragraph seven of Article 38 of the RF IC). This is common knowledge. However, not every citizen knows exactly from what moment the term will begin.

The meeting of the Supreme Court of the Russian Federation in 1998 decided that the statute of limitations for the claim would not be calculated from the moment when the marriage was officially dissolved, but only from the period when the second spouse learned of the violation of his rights.

For example, after 7 years the wife learned about the availability of real estate that was acquired during their marriage. However, this property was not included in the list for division.

Tips for dividing property

• Study the material. Information from the Internet about how property is divided during a divorce will help you.
• Don't be late. It is advisable that the application be submitted to the relevant authorities within three years from the date of the official divorce.
• File your claim correctly. It is advisable to involve a professional lawyer in this matter.
• Provide evidence.
• Protect property before division. Since there is a risk that the second spouse will decide to sell the property.
• Independent assessment. The court, of course, will provide its own appraisers, but an independent organization should be hired for backup.
• Don't be emotional. The most important point. Emotions turn the courtroom into a battlefield and the division of property into a war.

How property is divided during divorce - basic principles

The question of how property is divided during a divorce arises for many who are forced to dissolve their marriage. Easy to share 2 apartments and 2 cars. But often families live with only one apartment and one car. The division of property in such cases can occur in two ways:

• settlement agreement between former spouses (when they mutually decided who gets what property, and formalized this in the form of a written settlement agreement so that no one could challenge it in the future);
• in court (when the court, based on the law and the facts and documents presented to it, makes a decision on the division of property).

Types of property

In order to understand how to divide property during a divorce, you need to know what property can be divided and what cannot.

Depending on the terms of purchase, there are:

Upon divorce, spouses can claim division only of jointly acquired property purchased or acquired during their marriage.

What belonged to each spouse before entering into family ties is not subject to division. The same rule applies to property purchased after a divorce.

The other spouse has no right to claim it.

Jointly acquired property is divided into 2 more types:

The divisible directly includes everything that will be subject to division:

1. Real estate (apartment, cottage, garage).
2. Movable property (car).
3. Furniture.
4. Technique.
5. Precious jewelry and luxury items.
6. Cash savings, shares, shares, other material assets.
7. Financial and spiritual results of commercial and other activities (dividends from joint business).

All this will need to be divided according to the law between the spouses in half, unless otherwise provided by the marriage contract.

Indivisibles include:

1. Things related to professional activity (for example, a taxi driver has the right to keep the car).
2. Personal clothing, hygiene products.
3. Property received as a gift or purchased with donated funds.
4. Something that was inherited by one of the spouses.
5. Property obtained through primary privatization.

If there are children in the family, the child’s belongings remain with the parent who will live with him.

Principles of property division

Upon divorce, if the spouses could not agree on the division of property, the judge is guided by the legislation of the Russian Federation. It sets out the following fundamental principles:

1. The division of jointly acquired property between spouses occurs strictly in half in the absence of other conditions specified in the marriage contract or regulations.
2. If there are minor children, property is divided taking into account the interests and legal rights of each child.
3. If a couple has a marriage contract, the division of property occurs according to its clauses.
4. Obligations for family debts are divided equally between the spouses, unless otherwise provided by the marriage contract.

Actions necessary for a profitable division of property

During a divorce, if there is no chance of agreeing on a fair division of property, it is necessary to act quickly and competently so that the ex-spouse does not appropriate too much for himself. What do we have to do:

1. File a lawsuit with a request for division of property in the form of a claim.
2. Provide the judge with documents demonstrating your right to receive a share of this property, or evidence that your property is not subject to division.
3. Documents confirming the date of marriage are required.
4. If the other spouse tries to hide property from the court, proof of its existence must be provided.
5. Make a material assessment of the value of the property.
6. Prepare arguments and evidence to protect your rights.

It is best if you present your demands during the divorce process. But if you have already received a divorce certificate, then within 3 years you have the right to file a claim in court.

Division of real estate

Real estate includes buildings and structures, apartments, garages, dachas, and land plots. There are several options when dividing real estate:

1. Sell ​​the real estate and divide the amount in half.
2. One spouse buys his share from the other at market value.
3. If there are minor children, property is divided taking into account their interests.

In cases where the property was purchased with a mortgage and is still secured by the bank, the obligation of the spouses remains joint and several. There are the following solutions to share this responsibility:

1. Sale of an apartment with the permission of the bank to a third party and its subsequent redemption from the bank’s collateral. The remaining funds after paying off the loan are divided in half between the spouses.
2. Refusal of one of the former family members from his share in the apartment and re-issuance of a mortgage loan for only one spouse. This happens with the consent of the bank and the spouses themselves.
3. Borrowing money to pay off the remaining debt on a property early, then selling the property, paying off the loan, and dividing the remaining amount in half. This option is one of the most convenient, since in this case the decision to sell real estate does not need to be agreed upon with the bank.
4. Re-issuance of the loan amount in equal proportions to each of the spouses and their shares in the property. From this moment on, they bear not joint, but individual responsibility for their obligations.

Division of movable property

The division of movable property is similar to the division of real estate. There are two ways:

1. One family member can buy out the second share.
2. Sell ​​the property and divide the funds in half.

The main point here is that it does not matter who bought this property. For example, a car may be bought by a husband, and according to documents he is the owner. But in case of divorce, the wife has the right to receive half the cost of this car or the right to use it equally with her husband. But there is one condition. If the husband proves that the car is a necessary part of his professional activity, for example, for a taxi driver, then the court will recognize it as indivisible property.

That is why, in order to defend your property in court, it is necessary to prepare all the necessary evidence.

Furniture, appliances, cash savings - everything is divided in half. If it is not possible to divide the item, then there is always the opportunity to sell it or buy it from the ex-spouse.

Therefore, when getting married, it is best to take care in advance of how your property will be divided according to the law or the marriage contract. And throughout the long years, be sure to keep documents indicating the fact and date of acquisition of family property.