Which property is not divided upon divorce

In establishing the status of the family, the legislator has left each of the spouses a certain margin of freedom of action, bearing in mind the accumulated property baggage and the private space of the individual, each of the spouses seeking to prove their right to a certain portion of the common property and to protect what they consider to be personal property.

In fact, most of the disputes do not relate to how to divide the gains, but to how to separate personal property from common, family property; it is not easy to agree on this issue, but the legislator has helped to create a legal category such as:Non-sectivable property .

Individual property

There is no doubt that items belonging to underage children are not to be classified, including:

• Clothing, toys, furniture;
• The child ' s computer, school supplies;
• Music instruments and sports equipment;
• Training books and a children ' s library;
• Cash deposits made in the name of a common child, since such deposits are his/her property.

All the property of minor children without compensation passes to the spouse with whom the child will live.

The personal property of each spouse is also excluded (see the article on property relations between spouses). However, there may also be nuances that allow the conversion of private property into a family-wide category. Here are some examples of controversial issues.

Property and funds donated, inherited and other non-reimbursable transactions

The property not to be divided in divorce includes gifts, no matter what property was given and by whom, whether it was a house in the village from the grandmother, or whether the husband gave the wife a Bentley; in any case, the gift belonged to only one person and could not be divided.

The spouses ' joint property does not include privatized housing because it is acquired through a free transaction, but the second spouse has the right to reside and register in a dwelling for the rest of his life.

Individual use items

Personal items include, in addition to underwear and clothing, objects of professional activity, such as musical instruments: violin, cello, piano.

If the violin is purchased from a well-known violinist, rather than from the Cultovre store, it is equivalent to a luxury object and becomes part of the property to be divided.

Of course, the baker piano won't be sawing in half, but the musician will demand compensation in cash equivalents.

Property and personal assets of one of the spouses owned by him prior to marriage

The pre-marriage property of one of the spouses is generally related to property that is not subject to division in divorce, but there are exceptions.

For example, in the course of the operation of the property, significant funds were spent on the improvement of the property and this resulted in a significant increase in the market value.

If one of the spouses ' apartments is remodeled and a car park is installed with money from the family budget, it is transferred to the common property; the maintenance is treated as a joint maintenance cost.

Decision No. 15 of 5 November 1998 of the Plenum of the Supreme Court of the Russian Federation on the application by the courts of the law in divorce cases established that the property acquired, although during the marriage, but on the personal funds of one of the spouses who belonged to him prior to the marriage, was his or her property.private property........................................................................... .

The question arises as to how to prove that the purchase was made on a personal basis? In addition, it is usually not only the spouses but also close relatives who invest in valuable property; loans and loans are made; this is why it is essential that all such transactions be documented so that, in a disputed situation, all issues can be resolved as easily as possible.

The case law on the division of property shows that a more active ex-husband wins, someone who attracts witnesses, handles documents, someone who has a better lawyer, don't be indifferent to your own fate, and contact the website of Lawyer Online for advice on family law.

Not all couples live happily in a marriage, and there may be a moment when relationships are ruined and property is divided, and lack of awareness of their rights leads to significant financial losses that could always be avoided.

The article refers to nine types of property and property rights that cannot be divided between former spouses:

1. Property acquired, purchased, obtained from any transaction, refunded or donated prior to the marriage shall be owned by the spouse who possessed it prior to the marriage; accordingly, it shall not be divided;
2. The property obtained by one of the spouses during the marriage under a free transaction - gift, inheritance, privatization, other - belongs to the spouse who received the property and is also not divided;
3. Municipal, office, departmental housing and premises obtained under commercial employment contracts are not subject to division, since these properties are not the property of the spouses and therefore cannot be divided by them;
4. Items of personal use (clothes, shoes, musical instruments, etc.) may not be separated, except for jewelry and other luxury items, although acquired during the marriage from the common funds of the spouses; such items shall be deemed to be the property of the spouse who used them;
5. The exclusive right to the result of an intellectual activity created by one of the spouses is not subject to division; the property is deemed to be the property of the author of the intellectual activity;
6. It is not lawful for one of the spouses to share the indivisible things that one of the spouses uses, and it is a thing that cannot be divided in kind without changing its purpose and causing great damage to its economic function; for example, a room is an indivisible thing, and the country house is already a divided thing.
7. So-called complicated things are not to be separated when they (her) are predominantly used by one of the spouses, or they (her) are required by one of the spouses in connection with work or other professional activities, including income/earning, such as a computer for the programmer ' s spouse, which consists of a monitor, a system block, keyboards, without which he or she cannot work;
8. Property acquired during marriage for children and in the name of the children shall not be divided, so that they may be expensive toys or apartments;
9. Property which, in accordance with a marriage contract or an agreement on the division of property, is assigned to one of the spouses shall not be divided.

The relationship between the former spouses has specific nuances, which must be known before recourse to the former spouse or the court to claim their share of the common property of the spouses, and it is desirable to consult a qualified professional before entering into such a relationship.

Recently, the Supreme Court of Russia has recognized the fact that there is not always an equal sharing of property between the spouses.

The reason for this decision was the case of a woman who had two children left in her arms after the divorce, and the former spouses owned several plots of land in the Moscow region.

The court split it in half, despite the woman's protests, and the mother stressed that the children stayed with her and she didn't work (for health reasons) and the whole family lived on alimony.

However, the judges did not meet their mother.

In the search for justice, the woman had reached the Supreme Court, and he believed that the mother ' s rights had indeed been violated.

The lower courts ' decision was set aside and referred the case for review in the light of his instructions.

The Supreme Court ' s decision could change judicial practice in divorce cases.

Property not to be divided upon divorce

Not all property is to be divided between the spouses; there are separate categories of property that are not divided between the spouses under any circumstances; such property is legally referred to as property that is not divided upon divorce.

The property acquired by each of the married partners prior to the marriage is considered to be the personal property of each of them, which could have been acquired, acquired under a contract of sale, obtained through a refund or free transaction.

Gratis transaction received

The property acquired by either spouse during a free marriage is also indivisible: the following transactions and legal institutions make it possible to identify the personal property of the spouse during the marriage:

• A gift contract;
• Succession;
• Privatization etc.

The exception is things that have been greatly improved by the efforts of the second spouse; in the privatization of housing, the second partner in the marriage has the right to retain the right of residence and registration.

Personal (individual) use

Personal use remains in the hands of the spouse to whom it belonged:

• Clothes;
• Footwear products;
• Means of personal hygiene;
• Musical instruments and others.

However, things, including clothes, jewels related to luxury, are shared in general order. Recognition of luxury in each case is an individual case by a judge. In one case, for example, a coat can be considered a luxury, but in another case it is not. Here, the value of such an item is also important.

When sharing luxury goods, no one is going to divide it literally, but by providing monetary compensation to the second spouse.

The exclusive right to the result of intellectual activity

The author ' s exclusive rights to the result of intellectual activity remain with the person who created the result, i.e. the author ' s.

The municipal, service and employment housing shall not be divided as it does not belong to the spouse in the right of ownership or other similar right.

Indistinguishables

It's not allowed to separate indivisible things that only one of the partners in the marriage exploits, and the indistinguishable thing is that the division of it is detrimental to the function, for example, the room, but the already full-fledged apartment will be considered to be divided.

Other equipment not to be separated

There is no right to separate things, property acquired in the name of and for children. This includes clothing, furniture, school items, books, money deposits. They belong only to the children themselves. The property is left to the parent with whom the child remains in the divorce.

The property acquired with the husband ' s personal funds, which he received prior to the conclusion of the marriage relationship, will also be retained by the spouse.

The problem here will be to prove that the property was acquired by the husband ' s personal funds, and that it is often acquired by joint funds.

The Family Code of the Russian Federation states, as a general rule, that property between married partners in marriage is equally divided, but there are its own exceptions, where, for example, the children ' s belongings remain with the partner who has the child.

What property is not to be divided upon divorce?

It's always hard to divide, it's the material values that always put the question in a rib and made the already tight relationship difficult.

But it is impossible to exclude this unit from divorce, because when we live together, we always grow up with real estate, ornaments, other things that are useful and useless, and the most important acquisition is children, and their interests can never be compromised.

What can't be shared in a divorce

Every day I have to help people solve complex family disputes, most often people ask me for clarification about shared property, and today I want to tell you what I can't divide in the event of divorce.

What is considered to be joint property

Let's clarify what exactly is meant by a concept.

Article 34 of the Family Code of the Russian Federation and article 256 of the Civil Code of the Russian Federation state that joint property shall be deemed to be any acquisition made by the spouses at the time of marriage.

It doesn't matter if one or both of them worked.

In addition, joint property is considered to be:

• Bank deposits;
• All types of real estate;
• Shares;
• Shares in various companies.

During the division of property, it does not matter to whom it is registered, and in the case of divorce, the division of property is carried out in equal shares between the spouses. This rule applies except in the case of a marriage contract, which clearly specifies which property is to be given to each spouse in the event of divorce.

The division of property may take place voluntarily, in which case an agreement between the spouses shall be drawn up, certified and made available during the divorce hearing.
The division of joint property may not take place only in the event of divorce.

If one of the spouses has made debts, the bailiffs may initiate the division of marital property in order to allocate a share of it for the purpose of repayment.
I want to make it clear that debts are equally shared between the spouses.

Loans, mortgages – After divorce, each spouse is required to pay half of the monthly payment according to the existing obligations.

If the debts of one of the spouses arise from a decision of a criminal or civil court, they cannot be divided between the spouses and are personal obligations of the individual.

The time limit for filing an application for division of property is also to be borne in mind; it is to be filed within three years of the dissolution of the marriage; if this is not done, the time limit for filing the application will have to be restored.

Which is not to be separated in divorce

So we've sorted out what's going on with the joint property of the spouses, and there are some types of property that don't have to be divided and assigned to one of the spouses in full.

Let us consider in more detail what these assets are:

• Property acquired or donated by one of the spouses prior to the marriage;
• The values acquired by one of the spouses at the time of marriage through a free transaction - inheritance, gift, during privatization;
• Service accommodation: Square metres of commercial real estate rented by the spouses are not shared either;
• The personal belongings of the spouses are garments, shoes, cosmetics, and other things which only one person can use. Exceptions are ornaments and other luxury things.
• The fees received in the course of the sale of intellectual property;
• The indivisible thing used by one of the spouses cannot be separated;
• The complex items used by one of the spouses for earning earnings are not shared;
• Insurance payments received by one of the spouses;
• Any property acquired in the name of the children shall not be divided;
• You can't share property that's secured by one of the spouses in a marriage contract.

If the spouses have separated and one of them has acquired a valuable property, he must confirm the following in order to preserve his right to own it:

• The fact of separation;
• The lack of joint management.

How property is divided when children are present

The law does not provide for the compulsory ownership of children at the time of divorce of their parents.

All that is recorded in the name of the child remains in the property of the child, and the property of the child is not included in the property of the child; it is only for the minor, and it is given to the parent with whom the child remains, and the parents have no property rights over the items purchased for the needs of the minor.

Such subjects include:

• The clothes and shoes of the child;
• Educational supplies;
• Sports equipment;
• Books and furniture;
• Cash deposits in the child ' s name;
• Music tools.

The second spouse could not expect compensation for the children ' s property, even if he became aware of its sale.

If, in the event of divorce, property recorded in the name of a minor child is excluded, the guardianship and guardianship authorities must be involved in the process.

Without the consent of such bodies, it is not possible to have a compulsory share for the child.

Addressing complex divorce situations

In accordance with the law, the division of property between the ex-husband and the wife is carried out equally, but in some cases it may be subject to exceptions.

I'll tell you more about them.
Taking into account certain circumstances, the judge may deviate from the general rule of division of property in equal proportions.

In this case, the principle of increasing or reducing the share of property is applied.

An increase in the share of property held by one of the spouses is possible in the following situations:

• Underage children remained with their spouse;
• The spouse has a degree of incapacity or illness arising during the marriage;
• Payment of common debt by one of the spouses.
• If one of the spouses was in the household and raised a common child, he or she is entitled to a common marital share.

A reduction in the property share is possible if the following facts are proved:

• One of the spouses did not want to work for no good reason;
• The antisocial behaviour of one of the spouses has led to common debt obligations;
• One of the spouses was negligent of the property of the other spouse, resulting in the loss or damage of the property.

I would like to point out that, in addition to reducing or increasing the marital share, it is possible to separate the marital property acquired prior to marriage.

Let us look at the most complex cases of the division of pre-marital property:

• If one of the spouses has pre-marital savings, but spends them on joint property after the marriage has been registered, she may be divided equally between the spouses; this requires proof of the movements in the bank account.
• Evidence is also required where unequal parts of the marital funds have been invested in the general purchase;
• If the inheritance property received by one of the spouses has been substantially improved, the other spouse is entitled to share in it if he provides evidence of his expenditure;
• If one of the spouses has sold the joint property without the consent of the other spouse, the transaction may be challenged in court.

What if Property Before Separation

I'd like to tell you about the most common ploy used by abusive spouses who do not want to part with shared values.

Most often, property can be taken out of the apartment to relatives or acquaintances and can be very difficult to prove; for this to happen, it is necessary to draw up an inventory of the things in the apartment.

All the items in the accommodation, their properties and colours must be indicated and the condition of the wear and the average market value of the items in the list must be indicated.

The contract must reflect the date and place of its preparation and must be signed by both spouses.

If one of them avoids signing, you can ask for an assurance of the property list of uninterested persons – neighbors, colleagues, and others. The process of drawing up the list is better to accompany photos or videos. If one of the spouses is not allowed into the room, the task is a little more complicated.

If there is a change of locks, the other spouse may call a lockmaker and remove the obstacle; if the other spouse has a good relationship with the neighbours, it may be necessary to record their testimony in writing.

I would like to explain in detail the cases where one of the spouses conceals joint property, and it is not uncommon for the property to be purchased to be registered with the next of kin of one of the spouses; such property may be included in the total mass of the joint property acquired by predisputing the authenticity of the transaction in court.

This will require the submission of the following evidence:

• Funds for the purchase of disputed property were allocated from the common budget of the spouses;
• The owner of the property has no possibility of acquiring it;
• The owner of the disputed property does not have the skills and needs to use it;
• These facilities were used and kept by the family.

During the challenge to the fiction of such transactions, the division of property proceedings is suspended and resumed after the judgement on the disputed objects has been rendered.

In conclusion, the division of property is not an easy procedure, especially if the spouses have not reached a common agreement, and it is better to use the services of a family counselor to represent their interests during the division of property.

In this way, a person will be able to make an informed division of shared values and protect himself from possible mistakes.

Property to be divided upon divorce

Divorce is always difficult and difficult, almost always accompanied by conflict and mutual claims, and the division of property is always a matter of principle.

When a couple divorces and divides property, it is necessary to ask: Is the apartment, the car, other things to be divided? Each case is individual, and the answers depend on many factors.

The basic concepts that the law applies here are family and personal property.Family property, i.e. joint property, is divided between spouses, and personal property remains with the owner.

Which is to be divided in divorce

The family ' s property between spouses may be divided by contractual means or by court; in the case of judicial proceedings, the court shall be governed by the legislation in force: the Civil Code and the Family Code of the Russian Federation.

When a marriage is dissolved, the former husband and wife share all property that is recognized as joint property.According to the law, this is:

• Property, including real estate and joint-money vehicles — apartment, house, land, machine, electronics and machinery;
• The money the husband and wife received as a result of any type of activity - wages, fees, other income;
• Other types of profits - government payments, compensation;
• Investment property — shares, deposits, etc.;
• Jewellery and luxury goods.

Debts, loans and loans made during marriage are also shared between the spouses in the event of divorce.

In order to share the gains, the court must have proof that the property was acquired during the marriage; therefore, the parties to the dispute must submit all the documents that might be able to say so: contracts, acts, cheques, etc.

How property is divided

Some of the properties that are divided by court cannot be divided into two parts.So for indivisible things there are several ways:

• The facility remains with one of the spouses and pays the second monetary compensation in the amount of the share;
• In the disputed object, shares are allocated if possible (e.g. in the case of real estate);
• The object is sold and the proceeds are shared according to the size of the share.

In the most contentious cases, the court may leave the matter to one of the conflicting parties by a decision based on a thorough examination of all arguments and facts.

Determination of the share of spouses

In fact, however, property is not always equally divided.There are factors in the law that determine the increase or decrease in the share of each of the divorced spouses.In particular, the share of shared property tends to increase in favour of the spouse with whom children under the age of majority live.

A reduction in the share of shared property may be a proven fact of long-term intentional dependency or a waste of co-financing.

The facts may also affect the reduction or increase in the share:

• The serving by one of the spouses of the period of deprivation of liberty at the time of divorce;
• The husband ' s service at the present time;
• The wife's or husband's inability to work, severe illness, etc.

Thus, the division of property is not always equally divided; the Court takes many factors into account in determining the final shares.

Which cannot be divided

The legal framework clearly defines which types of property are not shared by the spouses in the event of divorce.This rule applies if the property:

• acquired by any means before the marriage of the current divorced spouses;
• Received on the basis of a legal privatization of dwellings that has been granted, by inheritance;
• Non-owned housing - service, municipal, public;
• All items intended for personal use (not including jewellery and luxury goods);
• Any object whose attachment is in a marriage contract with one of the spouses;
• Items purchased for children;
• Items that can be described as a tool for obtaining basic income from one of the spouses (e.g. a computer for a web designer);
• Honours and prizes — Orders, Medals;
• The copyright of one of the spouses.

All the items listed cannot be divided by law, they belong to one of the spouses, the one who was given the original, and as for the things that were bought for the children, they remain with the spouse with whom the children will live after the divorce.Bank accounts opened in the name of the child are not shared either.

However, there are some nuances.

If the property derived from the inheritance has been sold, the property purchased with the money also belongs to the heir and is not divided upon divorce.However, if family money was involved in the subsequent purchase, such property could not be divided upon divorce.

The separation of property in divorce is a delicate, complex process that takes into account many nuances. The more information you gather in advance, the easier it will be.

Which property is not divided upon divorce

The majority of the spouses know that the property acquired by them during the period of the marriage is considered common; according to the UK, it is shared equally between them.

However, not all property obtained during marriage can be considered common to the spouses; apart from family law, the matter is regulated in the Criminal Code of the Russian Federation.

Consider what is involved in property that was not to be divided in 2023, and whether there are options for obtaining a share in such ownership by a second spouse.

The main issues relating to the division of property of spouses are regulated by articles of the Family Code. Art. 33-35 defines objects that can be considered jointly acquired property and describes the rules of joint ownership and use.

Article 36 refers to exceptions to the division of property. Articles 37 to 44 describe all possible means of distinguishing ownership of joint property from those not subject to division.

Gifts

If the property has been obtained by one of the spouses under a gift contract, it is his personal property, which means that it is not subject to division; this also applies to situations in which the goods were donated during the marriage.

If the gift was made in favour of both spouses without specifying the size of the share, the property will be divided in half.

Provided that there is a reference in the gift to the size of the parts due to each of the spouses, the object shall be divided according to the document.

Purchased prior to marriage

If one of the spouses has acquired property by any means before entering into an official marriage, the divorce in 2023 shall not be divided, since it is personal; this rule has one exception allowing the marriage partner to claim part of such property.

If, during the period of the marriage, the property has been improved from the general family budget or from the personal savings of the second spouse, it is entitled to a portion of the property, respectively, of the amount invested.

The same rule applies to situations where property was purchased prior to marriage on a loan for which the debt was paid during the period of the family ' s existence from the general funds.

Inherited

Property that has become property under a contract of inheritance is a personal property that is not divided between the spouses; in this case, it is irrelevant whether the inheritance has been obtained in or before the marriage.

Once again, an exception is the situation in which, during the period of the marriage with inherited property, improvements were made from the general family budget.

The second spouse, who is not the owner, may then claim part of the property upon divorce.

Personal effects

Property acquired in the course of family life for the use of one of the spouses is an indivisible property, which includes the following:

• Clothing, shoes, hygiene;
• Musical tools and sports equipment.

It should be borne in mind that this rule does not apply to luxury goods.

• Products using precious metals, precious stones and semi-precious stones;
• Artwork (sculpture, painting);
• Art using natural fur.

A list of personal belongings that can't be separated.

And Allah is Oft-Forgiving, Most Merciful.

Children's things

Property acquired for the use of children is considered to be their personal property; this rule is respected even if it is a group of expensive things, such as computer technology, music, etc. If the division of property is carried out in conjunction with or after the divorce, the children ' s belongings remain with the spouse who becomes the guardian.

And if a child has a share in the property, then the property of the child is the property of the child; and if a child has a share in the property, then the property of the child is the property of the child; and if a child has a share in the property, then the property of the child is the property of the child is the property of the child; and if a child has a share in the property of the child, then the property of the child is the property of the child is the property of the child.

Property received under a non-reimbursable transaction

The rules for free transactions are set out in article 243 of the Criminal Code of the Russian Federation. If one of the spouses has lost property as a result of such a transaction, it may not be divided; the exception is property that has been improved during the period of family life from the general budget of the husband and wife (article 256 of the Criminal Code of the Russian Federation).

There are many examples of free transactions. For couples, the following will be relevant in the section:

• The giving of property;
• Succession of property;
• The discovery of property;
• Privatization of real estate.

For example, if the apartment has been privatized in marriage only by the husband, it is considered to be property belonging to one spouse and not to be divided into shares.

Rights to the result of intellectual activities

If property has become property as a result of the intellectual work of one of the spouses, it is not subject to a division (art. 38). Such property is subject to fees for inventions, the writing of works of art, the creation of trademarks, etc.

How to Make Property Right

In order not to subject property to division, the property must be taken into account in advance, which means that the rights to the property received must be documented.

Property between spouses will not be divided if the right to it is established:

• A gift contract;
• A contract of succession;
• A joint property agreement;
• a marriage contract.

It must be borne in mind that when property is acquired under a sales contract and registered with only one partner during a marriage, it is legally owned by both spouses and not by one spouse.

In the event that the item was purchased with one party ' s own savings in order for the court to take the sole owner ' s side, it is necessary to provide documentary evidence of the fact that the money was personal property.

For example, they were obtained from selling their own apartment.

A marriage contract is an excuse for mistrust? The spouses, by making a separation agreement or by entering into a marriage contract, if their terms change property rights established by law, must apply to the registration authorities.

For example, each of the spouses received their share of the property left as an inheritance of one of the parties under a marriage contract.

Once the contract has been signed, the spouses should contact Rosreister to enter the details in the registration documents.

If there is a marriage contract

The Family Code establishes the right of spouses to decide on the division of property, not only through legal disputes but also voluntarily, as an alternative to which a marriage contract is to be considered; the parties concerned may draw up and certify it, both before the conclusion of an official marriage and during the period of the family relationship.

The document makes it possible to distinguish ownership not only of property deemed to be joint property, but also of personal property and even of objects whose acquisition is only planned.

In the course of the proceedings concerning the division of property under a marriage contract drawn up in accordance with all the rules, the judge will be guided by him or her.

Conclusion of agreement

In order to share the property of the spouses of the UK, it is possible to avail itself of the separation agreement.

This can distinguish the ownership of both spouses ' property by establishing for each person any amount of the share, rather than the amount that is due under the law.

Recourse to the courts

It is not always possible to divide property that cannot be divided between spouses; if substantial improvements have been made at the common expense of the spouses, the non-official owner may claim part of the property.

The exercise of their rights usually requires recourse to the courts.

If the interested party is unable to understand on its own what property is to be divided in 2023, advice should be sought from a lawyer who will assist in the correct drafting of the statement of claim.

If it is not possible for any reason to do so, the writing of the claim must be governed by the rules of the Russian Civil Code (arts. 131-132). The courts of the peace (in the case of a claim involving up to 50,000 roubles) and the municipal or district courts (if the value is higher than 50,000 roubles).

Judicial practice

Every year, the Russian courts hear thousands of applications for division of property between spouses; an analysis of the decisions handed down leads to the conclusion that in order to divide property considered to be indivisible property, the plaintiff must present a good evidentiary basis, such as all kinds of payment documents and bank statements.

The personal property of the spouses is to be divided in exceptional cases, all of which involve serious general investment in order to improve this type of property.

Property that cannot be divided upon divorce 2023 — which, inherited, is not

It's always hard to divide, it's the material values that always put the question in a rib and made the already tight relationship difficult.

But it is impossible to exclude this unit from divorce, because when we live together, we always grow up with real estate, ornaments, other things that are useful and useless, and the most important acquisition is children, and their interests can never be compromised.

Before litigation and disputes begin, it is worth assessing the positions that can be claimed and which will have to be abandoned.

It will not be possible to divide all property, for some things are originally owned by only one of the spouses.

This list includes:

• Property acquired prior to marriage;
• Received as an inheritance or gift (one of the family members);
• Copyright, etc.

What do you need to know?

Divorce is not a necessary condition for the division of property.

The procedure is based on a claim by one of the spouses or his creditor who wished to recover the debt from the borrower ' s share.

Who owns the property and who earns the most from the four is of little importance in this situation, although long-term drowning for no good reason or unjustified waste of shared values can play a role.

Debts and loans for the purchase of things for the whole family are also considered common and shared in proportion to the property.

However, a pre-marital agreement could simplify the procedure, again in the case of an official marriage.

Legislative framework

The division of property between spouses may be effected by written agreement (if the parties are able to agree) or through judicial proceedings.

In this regard, the executive bodies will focus on:

• The Family Code (SC) of the Russian Federation, in particular its articles No. 34, which define which property is joint and is subject to section No. 36, on the property of each of the couples who is not to be divided.
• The Civil Code (GC) of the Russian Federation and its articles: No. 252 on the division of joint property and No. 256 on the concept of common property.
• The Code of Civil Procedure (CPD) if the case comes to trial.

Before a claim is brought before a court, it is necessary to calculate and pay the Minister of State, as well as to prepare all the documents relating to the property.

What does it say?

According to article 34 of the UK, all property acquired during the years of marriage is to be divided, including:

• Contributions, pension and other savings, all of the spouses ' income.
• Values: paintings, expensive ornaments, etc., items gifted to the wedding and other family celebrations of both spouses (which is irrelevant to whose relatives or acquaintances they have been presented).
• Mobile and immovable property acquired during the period of cohabitation.
• Electronics, furniture, household appliances and other items of consumption.
  If there is no marriage contract, all the above will be divided between the parties in accordance with the law in force.

Property not to be divided upon divorce

The law also defines property that is not subject to division in divorce in 2023:

• acquired before marriage, and no matter how it is obtained;
• Received as a gift, inheritance, privatization unit, etc.;
• Service, departmental and municipal housing;
• Personal items (other than jewelry and luxury goods);
• belonging to a particular person under a marriage contract;
• Purchased for children;
• The basic income required by one party;
• Personal prizes and awards (ornaments, medals, etc.);
• copyrights.

The shares of each party are also determined at the legislative level; they will not necessarily be equal; most of the spouses with whom the minor children will remain may count.

The proportion of the party who has long refused to find employment without an adequate reason or has wasted material resources to the detriment of the family (on alcohol, gambling, personal passions, etc.) may be reduced.

Inherited

The property derived from the gift or inheritance of one of the spouses belongs only to him, no matter who it belongs to, and who is written in it:

• If it has been sold and the proceeds have been bought by another, the purchase also belongs to the heir;
• But if it has been repaired or improved with the family budget, the second half of it will be allocated.

An example is that the husband had a car that he inherited, and by agreement he was sold, and with the money he had earned, another car was bought and registered for his wife; according to the law, the vehicle would be owned by the wife.

If, however, money from the family budget was used to purchase it, the wife may claim a share of the property.

Purchased prior to marriage

All property belonging to each couple prior to marriage shall not be divided and shall be allocated to its right holder, whether it be real estate, a vehicle or a luxury object.

But if its value has increased significantly as a result of total costs (repair, alteration, annex, etc.), the property becomes joint property.

It doesn't make sense to plot and try to transform her into a relative without the consent of the other party:

• First, Rosreister is obliged to request the written consent of the second half of the deal;
• Second, it may be quashed through a court of law.

Personal effects

Personal items include:

• Shoes;
• Clothes;
• Personal hygiene items;
• Music instruments;
• Sports equipment, etc.

But if a musical instrument is of historical value or ordered by a master of honor, it becomes a luxury item and divides between the parties. There is no need to dissect it, but the musician will have to pay the cash compensation of his half.

Children's things

Things bought for a child cannot be divided either, because they do not belong to either side; children ' s clothing, shoes, library, toys, etc. are usually handed over to the parent with whom the child will live after divorce.

What's the form?

If the divorce is final and not subject to appeal, it is best to try to negotiate with your second half, which will save both the money and the nerves.

The procedure can be formalized in one of the legal ways known:

When the opposite party is hostile and scheming, it is better to seek the assistance of a family law lawyer, who will help in the processing of all documents and the determination of the share due.

Conclusion of agreement

The law does not force the writing of an agreement, and many spouses agree orally after divorce.

It's great if they do that, and the other half is willing to share the property, but it can change its mind at any time, so a certified document will help avoid new disputes and scandals.

An agreement is made in an arbitrary form because it is not uniform.

Here's a model of the marital property-sharing agreement.

It is better to draw up a few agreements, separately for real estate (it will be required to register in Rosreister), for a vehicle, etc.

After a division by agreement, all property that has a change of ownership should be converted, which will help to avoid future misunderstandings, for example, with respect to the payment of taxes.

Recourse to the courts

If it is not possible to agree, a lawsuit must be brought before a court.

If the value of the interest claimed by the plaintiff (the claim price) is less than 50,000 rubles, it is necessary to bring the claim before the justice of the peace, and if the price of the question is higher, then to the district court.

Claims from spouses are heard by judges in the absence of a separation agreement and a marriage contract.

A model application for the division of the property of the spouses is here.

• It may be filed not later than three years after the divorce.
• It is better to prepare a document together with a qualified lawyer so that the courts do not return it once at a time, since the court has certain requirements for the preparation and filing of a claim.
• The claim should be accompanied by a receipt for the payment of the Minister ' s office.

Marriage agreement

A marriage contract or contract is a legal form of property rights and relations between the spouses.

It can be arranged at any stage of the marriage, and it has been shown that it is more common for mature spouses, who are well-off and careful.

In this document, each spouse determines:

• their own rights and obligations;
• Participation in family assets and income, in general business or in the household, both during marriage and after its dissolution.
• By contract, spouses may change the regime of property management established at the legislative level, since the family itself is a small sovereign State.

A contract may be terminated at any time, but this requires, as is the case for its conclusion, the mutual consent of the parties.

In European countries, the marriage contract was a universal procedure, but Russians rarely resorted to it, but it had shown that it greatly simplified the division of property by avoiding conflicts and disputes.

It is the marriage contract, if any, that determines which property is not to be divided upon divorce.

What property is not divided upon divorce?

In the event of divorce, not all the property of the spouses is divided, but only the joint property acquired for the common money in the marriage.does not sharebut there are exceptions.

Also, underage children ' s belongings and other property, including bank deposits made by one of the spouses in the name of the child, are not shared upon divorce.

Apart from personal and children ' s property, there is no division between service and departmental housing and intellectual activities.

Which property is not divided upon divorce (personal property)

The Family Code defineslist of each spouse ' s property, i.e., in the case of the United States of America, the United Kingdom of Great Britain and Northern Ireland, the United Kingdom of Great Britain and Northern Ireland, the United Kingdom of Great Britain and Northern Ireland, the United Kingdom of Great Britain and Northern Ireland, the United Kingdom of Great Britain and Northern Ireland, the United States of America, the United Kingdom of Great Britain and Northern Ireland, the United States of America, the United States of America, the United States of America, the United States of America, the United States of America, the United States of America, the United States of America, the United States of America, the United States of America, the United States of America, the United States of America, the United States of America, the United States of America, the United States of America and the United States of America.not to be separated,It includes:

• All that is acquired by the husband or wife before the marriage is concluded shall be retained by the spouse who owns the marriage;
• Any gift, inheritance or other free transaction from a husband or wife - such property also remains with the right holder;
• Personal property items (dress and footwear items, working tools, personal hygiene items, sports equipment);
• Intellectual or sporting products (authors, patents, inventions, personal awards — medals, cups);
• acquired at the time of the de facto termination of the marriage (at the time of separation);
• Service or departmental housing (for military personnel, municipal workers);
• The property of the minor children shall be transferred to the parent with whom the child remains after divorce:
• Personal effects, furniture, other property;
• Cash deposits opened in the name of the child(s).

And there is no division between the property which, according to the terms of the marriage contract (if any) after divorce, becomes the property of one of the spouses.

Which property is to be divided into divorce

The rest of the property refers to a joint estate that may be shared between the spouses: in marriage, divorce and divorce (but not later than)3 years(i.e. from the moment of the termination of the family relationship).

If the parties did not reach a mutual oral agreement, did not issue a notarized agreement on each party ' s property, did not enter into a marriage contract, the question of divisionauthorized by the courts(art. 38 of the Russian Federation, art.

If a man and a woman lived inof a common-law relationshipthe question of the division of property cannot be resolved by law, since, in the absence of a formal registration of the relationship, the property is deemed to be the property of the person to whom it is documented.

Exceptions to the rules for the separation of property

Somepersonal propertyA husband or a wife, after all.can be separatedBy a court decision, if:

1. Personal items related to luxury items (e.g. expensive jewelry jewelry, art collections, high-value furry products, etc.) The married spouse of Ivanov gave his wife a fur collection from three suits of the designer fashion house of Busorgin fur Desing. After the couple filed for divorce and division of property, the court ruled that the wife should compensate the husband for half of the cost of the fur collection because it was assigned to luxury items.
2. When married to Fedor T. Catherine owned a one-room apartment in a newly constructed house, the apartment had only a building line, and Fedor had himself repaired the house and purchased various construction materials for repairs (beans, glue, linoleum, ceramic tile, plintus) for his own money. In the event of the dissolution of the family union, the wife ' s apartment, despite its acquisition before the marriage, would be divided, since its final value had been increased by the husband ' s labour and wealth.
3. The inheritance received in favour of one of the parties is sold for the money and, with the investment of the other party, is acquired by something new. Ivan inherited from his late uncle Volga ' s car, worth 150,000 rubles. They and Anna ' s wife decided to sell the car and purchase the other one with a supplement. 100,000 rubles were paid to the wife ' s parents. As a result, the family purchased a car worth 250,000 rubles. In the disputed division of property, the car would be divided as acquired by both sides ' wealth (proportionally to the husband ' s and wife ' s costs).

The gifts received at the wedding are considered to be the common property of the spouses, and therefore, in the event of divorce, they are divided.

Children ' s property

What belongs to minor children is acquired in one way or another at the expense of their parents or relatives, or is obtained by the child in inheritance or gift.

The legislation in article 38, paragraph 5, of the Russian Federation, in protecting the rights of minors, determines that it is not possible to divide the property acquired to meet the needs of a common child (toys, personal effects, sports or music materials, as well as moneys opened in the name of the children, etc.).

The child ' s property and other possession must be transferred, after the dissolution of the marriage, to the party with which the minor remains to live, and the child ' s financial contribution must be the responsibility of the parent with whom the minor lives and the child ' s own money.