Divorce and property division

Divorce and property division
 During the divorce property division is voluntary or involuntary. If the marriage contract is not concluded, the section shall be subject to all marital property, which will be owned by the spouses in equal shares (Article №34 Family Code, Article №256 of the Civil Code).  
 If you entered into a marriage contract before signing a legal marriage, all property specified in it, will belong to the spouses in accordance with the instructions in the document. For example, the husband bought an apartment before marriage by their own means, but in the marriage contract specifies that the property will be owned by the spouse in the event of divorce. Change this solution impossible. Even if the spouse does not want to part with his property, the property will remain his wife.

Everything else that is not specified in the marriage contract and purchased after its completion, will be owned by the spouses in equal shares. The easiest way to divide the property - a notary to sign a voluntary agreement specifying the share of each spouse, all peacefully divide, break up and remain friends.

Unfortunately, this method is an exception to the rule. Most often, spouses divide property under compulsion. For this section to file a claim in court, attach a complete inventory, certificates of value, pay the state fee.

On the basis of a court order all marital property will be divided between the spouses in equal shares. If something was given during a legal marriage or acquired before the marriage, the marriage contract is not present, it is considered indivisible property and will belong to the spouse that it has acquired or received as a gift.

In addition, the section can not be items for personal use. Jewelry and luxury items in this category are not included. All property that was acquired minor children, and is not subject to section remains to the spouse with whom remain kids. Also are indivisible rights to intellectual activity, the income from them remains with the author.

All the rest is divided equally, regardless of who is the spouse worked, and who do housework.

Tags: divorce order