С каждым годом количество разведенных пар в the country increases, and most of them do not seek to bind themselves by marriage again. Even more in the country are young people who do not tend to bind themselves at all with official relations. Regardless of why people choose a civil marriage, the division of property acquired for the entire period of cohabitation is a rather urgent issue.
Имущественные вопросы становятся камнем Contradictions for many families, regardless of whether they are registered with their marital relationship or not. But the division of property in a civil marriage meets a huge number of additional difficulties that arise in the process of applying the norms of legislation. The fact is that you can divide everything acquired in official relations, guided by the rules of the family or civil codes, in which the entire procedure is clearly prescribed and the rights of both spouses are fixed. While the section between civil spouses has many pitfalls.
Thus, the division of family property is regulatedArticle 10 of the Family Code. In accordance with it, the property acquired during the period of officially registered marriage should be divided equally between the spouses, regardless of whose money was used to acquire it, or in the name of whom of the pair it was recorded or registered.
The property acquired in a civil marriage is notis recognized as a common property, and, accordingly, such "spouses" do not have legal consequences. In this case, the provisions of the non-family code are applied, but only the civil law norms relating to the common share property, i.e. such spouses become co-owners of the acquired property.
Terminating a civil marriage, division of propertycan be made by determining the shares in the acquired goods by concluding an appropriate agreement. However, this option is possible only if an unconditional agreement is reached between former civil spouses. In the event that it is not possible to reach a consensus, it is necessary to resort to the section for shared property.
Но даже при обращении в суд следует помнить, что There are no specific answers to all emerging issues in the legislation. In most cases, the judge, when making a decision, is based on judicial practice in a similar situation, which may differ in some ways from the situation of the parties involved. If a civil marriage is terminated, the division of property almost always takes place in accordance with the provisions of Article 252 of the Civil Code.
Also, to make a decision, we need substantialevidence of joint participation in the acquisition of a particular type of property: a sales receipt, a soft root, a warranty card, etc. According to such documents, the share of the purchased goods is calculated.
Сложнее ситуация обстоит, когда объектом раздела is real estate. As a rule, while relations in the family are strong, few people think about whose name the apartment is issued or who pays for it the main debt, but this can have a significant impact on the distribution of shares in the future. If the apartment was purchased for cash, then to prove which part of them was the property of one of the spouses is very problematic, especially if there are no related documents.
A little easier is the situation with the apartments orhouses purchased on credit. Even if the real estate and credit for it are registered only for one spouse, and the second actually pays its cost or part of the cost from its pocket, the opportunity to prove the ownership of money is higher than in the previous case. Spouse, who actually repays the cost of the apartment, it is necessary to keep the bank receipts, on which should appear, by whom and when the payment was made. It is easy to agree on such a record with the bank's employees.
What would be an ideal and attractive it may seem a civil marriage, division of property should be kept in mind as the worst development of the relationship and try to protect themselves and their money from the beginning.
