Divorce becomes an extreme measure if family life does not work out at all. During such a process, the psychoemotional state of both spouses is disturbed, since in addition to worries due to separation, problems arise with the division of property.
The process of division of property is regulated by the Family Code of the Russian Federation. According to family law, all property acquired by spouses in marriage is joint. According to the rules, during a divorce, half of this property should be received by the husband, and the other half - by the wife. However, there are cases where such a section occurs in a different way. This happens if the court makes a different decision, or if there is a marriage contract.
To understand how to properly divide property in a divorce, you first need to know what property is considered joint. Common property includes the following:
- income of both spouses from various types of activities;
- non-targeted pensions and other monetary compensation (payments for child support and payments for disability cannot be referred to them);
- all immovable and movable property (land, furniture, jewelry, cars, real estate);
- cash deposits;
- share in a business (only if this business was founded after marriage).
Jointly acquired property does not include:
- real estate and any other property that was received by one of the spouses before marriage;
- real estate received by one of the spouses as a result of privatization;
- property received by one of the spouses by inheritance or as a gift;
- property acquired by one of the spouses with funds that belonged to him even before marriage (an example is property bought by one of the spouses with funds from the sale of a car that he acquired before marriage);
- property belonging to a minor child (it is important to know that this property in case of divorce will remain with the parent with whom the child will live);
- any items intended for individual use (luxury items and jewelry cannot be referred to them).
If one of the spouses did not work for some specific valid reasons, he also has the right to his half of the joint property. Housekeeping or caring for children can be good reasons.