How Property Is Divided In Case Of Divorce If There Are Children

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How Property Is Divided In Case Of Divorce If There Are Children
How Property Is Divided In Case Of Divorce If There Are Children

Video: How Property Is Divided In Case Of Divorce If There Are Children

Video: Division of property in a divorce (Policy Matters S01E122) 2022, November
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If the family is destroyed and divorce is the best solution, the question of dividing the jointly acquired property inevitably arises. All things acquired in marriage are considered jointly acquired, regardless of whose name they were registered in and which of the spouses earned more during the marriage.

How property is divided in case of divorce if there are children
How property is divided in case of divorce if there are children

Instructions

Step 1

The division of jointly acquired property is regulated by the Family Code of the Russian Federation, according to which it is divided in half, unless a different procedure was determined by the marriage contract. Subject to division are movable and immovable property purchased in marriage, furniture, household appliances, securities, monetary contributions, shares in business, art objects and much more. The section excludes those objects and items that were received by one of the spouses as a gift, by inheritance, belonged to premarital property, as well as those that were acquired with personal funds. Items for personal use, with the exception of jewelry and luxury items, are not subject to division.

Step 2

For all controversial issues, you should go to court, for example, to divide furniture and household appliances by subject matter, based on equality of value. If one of the spouses proves that this or that item is necessary for him and only he uses it, the court can deviate from the principle of equality and transfer the disputed property to the ownership of one party with payment of monetary compensation to the other.

Step 3

There is no share of children in matrimonial property, since children are not entitled to the property of their parents. The exceptions are those items and things that were bought for the child and which he regularly uses. Thus, children's furniture, clothes, toys and books purchased with matrimonial funds are not subject to division. All these items are transferred to the parent with whom the child will stay without compensation for their cost to the other party.

Step 4

Upon dissolution of a marriage, not only property is subject to division, but also the debts of the spouses, if they were formed during the marriage, and the funds received on the loan were spent on the needs of the family. In this case, cohabitation with children, as well as the fact of their financial support and upbringing, can be recognized as a significant circumstance, as well as the income of each of the former spouses. The court is obliged to proceed from the specific circumstances of the case and take into account the fact that the interests of the children in this case should not be infringed upon.

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