Section of common property

Consider how the division of the common property of the spouses is carried out.

Married life is based not only on the community of spiritual interests, but financial aspects are of no small importance in marriage. The material value of such an alliance lies in the conduct of a joint common economy, based on the property relations between the wife and husband. Unfortunately, life can develop in such a way that in some families times come when, for any reason, joint farming is not possible. In such situations, the division of common property is the only correct decision.

The main reason for this is usually a divorce, but at times the married couples divide and get married, which is permitted by law.

The section of common property of married spouses has two reasons. Quite often people divide available material values in order to be able to use their own share of those in their personal interests. The section of joint property can be executed and at the request of creditors. This occurs in cases where the property of the credit debtor is not enough to repay the debt on the loan. By the way, the last version of the section of common property is found in legal practice more often.

The Family Code of Russia provides for the possibility of sharing common property of spouses by mutual agreement. The peace agreement concerns only what was co-acquired during the time of marriage. If no mutual agreement is reached, the section of common property is considered by the court.

To the common property of the spouses (according to the articles of the Civil Code of Russia) is everything that they acquired during their family life together. In the event that a marriage contract was entered into before the marriage registration , the common property of the husband and wife is calculated within the framework of such a document. Unfortunately, these agreements do not take root too well on Russian soil. The ones who marry least of all think about how to protect their rights in case of a divorce, completely giving oneself only to feelings. While a well- written and timely marriage agreement would help make the separation of spouses' property in a divorce less painful and not so humiliating.

Property that was purchased before marriage was received by one of the spouses as a gift or by inheritance belonging to minor children, as well as personal belongings of the spouses are not subject to this section.

The Family Code of Russia says that all the property that was bought by the spouses during their life together should be divided equally among them (unless, of course, a marriage contract was concluded). The court has the right to depart from the principle of equality of shares for a number of purely objective reasons: to take into account, when dividing property, the interests of children who have not reached adulthood, or the interests of one of the spouses. If the husband and wife had common debts, then they are distributed according to the shares received by the parties when dividing the property.

If one of the spouses at the section receives property whose value is higher than the part prescribed to him by law, the second has the right to monetary or other compensation.

The division of common property in divorce is not such a simple task. Sometimes litigation brings a lot of moral suffering, and they usually end with the fact that those who once promised each other to be together in joy and trouble become mortal enemies. That is why the procedure of property division is best conducted with the help of a competent lawyer, which will help to avoid unnecessary humiliation and to implement it as quickly and lawfully as possible.