/ How is the property shared?

How is the property shared?


Marriage means that citizenswill be all common. But what is a common property? How can it be properly divided during the collapse of the community cell? What do you need to know about this nuance? Reply to all this and not only we need to continue. In reality, everything is much more difficult than it seems. And if the husband and wife do not think in advance about how to divide the objects they have, in the future serious problems and long litigation can arise.

The Family Code of the Russian Federation

Types of property

According to the SC of the RF, the division of jointly acquired property is carried out without problems. But what can be considered as such property?

According to the laws in force there are:

  • personal objects;
  • common property.

What should be done with the destruction of the family? When and how do you share what your husband and wife have? It is extremely important to understand these issues. Especially for those who during their marriage made a lot of things.

Personal person

To begin with, consider personal property. This belongs to a particular person and is not affected in any way during the dissolution of marriage.

Personal things belong to a person in the family:

  • personal items (clothes, shoes);
  • property transferred by gratuitous agreements (donation, inheritance and so on);
  • all that the citizen had before marriage;
  • the right to the result of intellectual activity.

Accordingly, all this is not included in the concept of jointly acquired property. The listed categories of subjects are ideally not subject to division. They are affected only in exceptional cases.

Married, but not common

Some believe that everything acquired in a marriage is considered common. But by law this is not quite so. Sometimes certain transactions with objects transfer things to the spouses and real estate for personal use.

How to divide property in Russia by law

When does this happen? For example, if:

  • we are talking about the property of underage children;
  • real estate acquired through primary privatization;
  • target incomes (matkapital, assistance with rehabilitation and so on);
  • all that was bought for the husband's personal money.

As practice shows, it is problematic to prove the fact of purchasing things on personal funds. Especially if the money was accumulated in cash and stored at home.

Common things

Joint property of spouses is everything,that they acquired in marriage except for the situations listed above. That's why some citizens are in no hurry to buy an apartment or land after the wedding. After all, such objects will be recognized as common. And it does not matter at whose expense they are acquired and on whom they are issued.

According to the SC of the RF, the joint property of the spouses is recognized:

  • shares;
  • contributions;
  • capital and share in them;
  • securities;
  • property purchased during the period of marriage;
  • all income of husband and wife.

Accordingly, all the money earned, regardless of who brought them into the house, are recognized as common. And the available deposits too. All this will be subject to section.

Luxuries

But what about the things of luxury? Joint property in marriage will be shared without fail. But how? Also what it is possible to not divide?

Pick up without a section is allowed only personal property. But what about luxury goods? For example, with the jewelry that was given to one or another spouse?

If things are donated or inherited, they will be recognized as the property of the donee. Otherwise, jewelry and luxury goods - this is a common property.

No income - are there rights?

Individuals think that the absence of income from one of the spouses is the basis for abolishing the rights to common property. Is it so?

As a rule, no.Especially if the spouse had good reasons not to work. Suppose a person looked after children or lived. It is not difficult to prove all this, as practice shows. Usually there are witnesses who will be able to confirm caring for children or an agreement between the spouses on the topic "who earns and who looks after the house."

Recognition of personal common

Under certain circumstances, husband and wife can recognize personal property to each other as a whole. But this is not always possible.

As a rule, in order to cope with thetask, citizens will have to prove that the second spouse for his personal or common money significantly increased the value of the existing facility. For example, there has been a reconstruction or a major overhaul of the property.

Recognition of personal property is carried out through the courts. Independently such questions the spouse does not solve.

Recognition of a common personal

And sometimes it happens that common property is not considered as such. In exceptional cases, you can recognize purchased during the marriage of personal property.

To do this, you will have to go to court and prove,that the thing was bought on the plaintiff's private money. The main difficulty here is the collection of papers indicating the expenditure of own funds. After all, money earned during the marriage, are considered common. And every husband should remember this.

Partitioning Methods

The section of jointly acquired property interestsmany couples. There are several options for solving the problem. The answer directly depends on how the spouses are divorced and whether they can agree among themselves.

At present, the section of jointly acquired property is carried out by:

  • the court;
  • a peace agreement;
  • marriage contract;
  • law;
  • oral agreement of the parties.
Appeal to the court

Further we will consider all possible variants of developmentevents. What to do in this or that case? How to apply to the court? And to make a peace or marriage agreement? Having dealt with all this, with the collapse of the family there will be no property disputes. Or they will be minimal. But it happens very rarely.

Oral section

To begin with, consider the rarest, but taking place the alignment. It is about the oral agreement of the parties as to who and what will remain when dissolving marital relations.

In this case, everyone simply takesthan agreed with the spouse. The method is suitable for those who plan a divorce without fights and noise. Not everyone can agree among themselves. After all, if someone does not agree with the section of common property, a person can apply to the court and divide the common property according to the law. Accordingly, it is necessary to choose such a method only when the spouses are absolutely sure that the second party will not try to annoy in the future.

Marriage contract

The apartment is a co-owned property? Yes, if it is bought in marriage and for the common money of husband and wife. It is real estate, as a rule, trying to divide in the breakup of the family.

Today in Russia the drawing up of a marriage contract is very popular. This is a document in which the spouses specify the principle of the division of already existing and future property.

If the parties have such an agreement, the section will be made on the basis of the relevant paper. You can sign a contract at any time after the wedding. Usually a document is signed by a notary.

How to enter into a marriage agreement

A few words about how to properly draft and sign a marriage contract. It's not so difficult. Spouses will need:

  1. Collect the package of documents (about him later).
  2. Contact the notary.
  3. Write and sign a marriage agreement.

That's all. The main problems usually arise at the stage of reflection on the principles of the division of property.

Marriage contract

In order to conclude the said contract, the parties will need:

  • passports;
  • the inventory of everything that they have;
  • title documents on property;
  • checks and receipts for the purchase of movable property;
  • Marriage certificate.

In addition, the agreement requires you to specify howwill be carried out a section of property that will be acquired in the future. For example, things are levied on the spouses, taking into account the funds invested or taking into account who they are registered with.

Peaceful agreement

Another way to solve the problem with the division of property is to conclude a peace agreement. The document is signed in court. This is an analogue of the marriage agreement.

Agreement of a peaceful type

Thanks to this paper, the parties come to a peacefulagreement on who and what is necessary after the divorce. The difference lies in the fact that this kind of documentation is executed mainly during the judicial debate. We will not focus on this nuance, since such an agreement is extremely rare.

According to law

The division of the jointly acquired property of the spouses under current laws is carried out without any particular difficulty. The thing is that according to the RF IC, everything in common is divided in half.

Accordingly, if the husband and wife decided to disperse, it is necessary to take into account that without a marriage contract, the joint property will most likely be 50/50.

Appeal to the court

Most often, citizens file a lawsuit on divisionjointly acquired property. This is the most common scenario. It is also found when divided according to the law, and if the spouses want to recognize the common as personal or personal.

As a rule, the parties will need:

  1. Prepare a series of documents. Their list is discussed below.
  2. Make a claim. The document should indicate all your requests, as well as the justification of the requirements.
  3. Submit the prepared documentation to the court.
  4. Take part in the meeting. There may be several hearings.
  5. Get your hands on the judgment.
  6. Contact the registering authorities in order to arrange for one or another property.

Important: the parties may share property both during the divorce (then the relevant request is announced in writing), and after the dissolution of the family. You will have to act the same way in this or that case.

Which court to go

A claim for jointly acquired property is filed taking into account the value of the jointly acquired. Therefore, citizens must understand which judicial authorities will consider petitions.

To date, you can contact:

  • World Court - the value of the common property is not more than 50 000 rubles;
  • district court - in other cases.
Property Title Claim

Accordingly, it is often necessary to go to the district judicial authorities. This is quite common.

Statute of limitations

Now it is clear how the division of jointly acquired property is carried out. A sample of the relevant claim has been submitted.

The limitation period extends to the filing of a claim. He is 3 years. If more than three years have passed since the dissolution of the marriage, it is better to negotiate the division of property peacefully.

However, omitting the statute of limitations does not constitute a ground for refusing consideration of the relevant application. Especially if the legal rights of the spouses are violated and this fact is confirmed.

Documents for the court

Jointly acquired property in Russia is not as easy to split as it seems. This question gives a lot of trouble to all couples.

In order to file a lawsuit in court for the division of property, the following components will be required:

  • passports of the parties;
  • lawsuit of the established form;
  • certificate of marriage / divorce;
  • Bank statements;
  • title documents on the property;
  • income statements;
  • checks and receipts for payment of goods and services.

If there is a marriage contract, it will also have to be attached to the statement of claim. Then it will turn out to cope with the task with minimal problems.

Debts and Divorce

What to do if we are talking about the debts of citizens? Are they jointly acquired property? Yes. Debt segregation is the same as for property. But there are exceptions.

For example, if it is a criminal or administrative duty. Then the debt will be considered personal.

property division

If a person took a loan without the consent of the spouse,It is possible by court to recognize such an act as illegal. And the debt will be counted only for those who applied to the credit organization. Or you can get rid of the division of debts and loans when the second spouse can prove that the money was not spent on the family. This kind of disputes will be resolved only in court. The statement of claim about jointly acquired property is not so difficult to file!

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