The division of property in a civil marriage

The division of property in a civil marriage
 Civil marriage has become quite frequent. Many young couples live in it until you make sure the right choice. But it also happens that such a marriage lasts long enough and there children are born, there is marital property. However, this does not guarantee that a civil marriage, like any other, can not break up with all the ensuing consequences. By law, the division of property in a civil marriage is possible, but with some regulatory restrictions.
 Movable and immovable property, which was acquired by the spouses, cohabiting couples, the law does not consider their joint property. This concept is to officially unregistered marriages is not applicable. In such cases, there are two options to solve the problem.

In the first case, you must enclose with his former civil husband agreed to a voluntary division of property belonging to the two of you. For obvious reasons, this option is not always possible because the former spouse's plenty of emotions and feelings that prevent a peaceful resolution of the conflict. In most cases, the acquired property goes to one of the spouses, and the second has to go to court to reclaim their share.

In judicial practice, the division of property of partners who have lived in a civil marriage, uses the principles that any legal consequences of such a fact of cohabitation and conducting joint management does not entail. But these facts are evidence that the partners considered joint property.

This can be considered marital property, not as together as well as fractional ownership. Because prove the acquisition of a property for the money one of the spouses is rather complicated, the court often recognizes both roommates share equivalent. Decisions taken in this case on the basis of judicial practice. It offers guide the resolution of legal disputes Article 252 of the Civil Code.

According to her, each roommate is entitled to demand the partition of his share of the common property. To do this, it is necessary to make a statement of claim in which to bring the facts to prove that this particular property was acquired by him personally. In the division of the court will take into account the degree of participation of each spouse in cash or personal difficulty in acquiring the matter in dispute. When the question of allocating a proportion of living space and is home to a pair is taken into account, first of all, who is the owner.

Tags: property declaration, marriage, share allocation