According to the family and civil code of the Russian Federation, the property of an individual entrepreneur in case of divorce is divided as jointly acquired property. The difficulty lies in determining which property is part of the business and dividing it up so that the business does not cease to function.
Instructions
Step 1
If one of the spouses is registered as an individual entrepreneur, the property acquired during the marriage is divided upon divorce as common property, regardless of the purpose of its acquisition and of whom it was registered. These provisions are recorded in Articles 34, 38 of the Family Code and in Article 254 of the Civil Code of Russia.
Step 2
Debts from the entrepreneurial activities of one of the spouses can be recognized as both general debts and personal debts of the entrepreneur. In this case, it is required to prove: for what purposes the income from entrepreneurial activity was spent. If the income did not go to the family budget, was not spent in the interests of the family, then such debts may not be shared between the spouses.
Step 3
In the legislation of the Russian Federation, there are no special rules of law governing the division of property in case of divorce of spouses engaged in entrepreneurial activity. Therefore, the judicial authorities are guided by the general rules for the division of jointly acquired property, but take into account the peculiarities of doing business.
Step 4
In particular, you can ask the court for such a division of property so that the business does not cease to exist. That is, leave the property necessary for conducting business to the entrepreneur, but oblige him to pay the part of the value of this property due to the second spouse.
Step 5
By agreement with the spouse or spouse, the property necessary for conducting business may remain in the ownership of the entrepreneur after a divorce. But the second spouse can receive part of the profit from the activities of the enterprise. A share of the profit can be received either in fixed amounts, or in the form of a percentage of the profit, or in another form. Often, this scenario is a way out of a situation when spouses are engaged in fierce disputes over the division of property.
Step 6
All property acquired for entrepreneurial activity belongs to both spouses in equal shares. Therefore, it is assumed that when one of the spouses makes transactions with property, he acts with the consent of the other spouse. If there was no consent of the second spouse to this transaction, it may be invalidated in accordance with Article 35 of the Family Code of the Russian Federation.
Step 7
The division of the property of an individual entrepreneur upon divorce can be claimed by any of the spouses, regardless of who initiated the divorce. If the spouses cannot divide the property on a mutual contractual basis and will have to resort to legal proceedings, it is important to correctly substantiate the claim. To do this, you may need a lawyer who is able to give advice in each specific case and provide services for the conduct of the case in court.
