Law, Regulatory Compliance
Division of property in divorce
Quickly flew a wedding, a honeymoon and a few years, and maybe decades of living together. And only now you understand that you no longer want to live with this person and will not. There came a time when thoughts of divorce became a reality. It's time to take care of your future and consult in more detail on the topic of "Splitting property in divorce."
Of course, you can until the last consider that you and your spouse are civilized people and agree. But in practice, such cases are single. And the spouses who swore in love and loyalty, begin to pour mud on each other in the hope of snatching a bigger piece.
How to divide the property in a divorce and not lose the human face? It is best to take care of this in advance and during the marriage to conclude a marriage contract. This will greatly facilitate the division of property during divorce. Many spouses are offended by such a proposal. Begin to torment negative thoughts and doubts about their second half. And in vain, because the marriage contract is not an act of mistrust, but, on the contrary, a way to hedge a loved one in the event of unforeseen life situations.
Such a document can be issued both before marriage, and at any time of family life. When the material well-being of the family is changed in such a contract, it is possible to amend the documents notarized by the notary. But if for some reason you did not compile this document, then the division of property under divorce can turn into a very unpleasant procedure for you.
Spouses find it difficult to agree with each other about who and what belongs to. This is understandable. After all, everyone believes that he invested much more time, effort and money in joint property, and therefore, the best and largest share should belong only to him. But this opinion is erroneous. Under the legislation of the Russian Federation, all property acquired during a marriage is considered joint and must be divided equally between the spouses.
What will not affect the division of property in divorce?
· Everything that you personally received, only if you receive a gift certificate.
· What you inherited.
· Your personal belongings, which include shoes, clothing and hygiene items.
· Personal things of the child, as well as books and items of children's furniture.
· Bank deposits issued for a child.
· What was yours before marriage.
All other things, luxury goods, jewelry, cars, real estate, furniture and even cutlery and bedding, should be divided in half.
It is worth remembering that if you do not want to register your rights and divide your property, then you have a great opportunity to do this within 3 years from the date of the dissolution of the marriage.
Do not forget that divorce will be shared not only jointly acquired property, but also debts, as well as bank loans. Therefore, it is worthwhile to involve a qualified specialist in conducting such a complex and important procedure for your future life as a division of property.
It is necessary to know that it is possible to divide the property while in a marriage. This procedure is carried out for various reasons. The grounds are debts of one of the spouses. In this case, the creditors turn to the court and indicate the amount of the debt in the filed claim. There is a division of the property of the spouses in a judicial procedure, after which the required amount will be repaid from the debtor's share.
The claim for the division of property may be brought to court by third parties who claim a part of the property in the event of the death of one of the spouses. In this case, everything is divided in half between the spouses and a certain amount is allocated from the share of one of them, stipulated by the legislation of the Russian Federation, interested third parties.
Take care of your welfare in advance, this will prevent the emergence of many problems.
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