In a divorce, the question of the division of the spouses' property always arises. If everything is clear with the property acquired before marriage, then violent disputes can flare up about jointly acquired property. Very rarely, a case goes without a trial.
Instructions
Step 1
First of all, know that the law provides for a 3-year period for the division of property between spouses. On the one hand, this is good, there is no need to rush anywhere. On the other hand, an unscrupulous spouse can sell or donate part of the property during this time.
Step 2
Therefore, make a list of the property to be divided in advance. It can include any real estate, vehicles, furniture, business shares, financial assets, savings and savings, luxury goods. For the convenience of the section, it makes sense to express all the property in monetary terms.
Step 3
If the marriage contract does not determine the procedure for the division of property, it is distributed equally between both spouses. Upon reaching a certain agreement, one of the spouses has the right to reduce his share in the property in favor of the other.
Step 4
If one of the spouses did not work for a long time without a good reason or squandered jointly acquired property, the court may reduce his share in the division without his consent. If, to acquire any property, one of the spouses used the proceeds from the sale of property acquired before marriage, upon division, he has the right to increase his share.
Step 5
Please note that debt obligations and loans taken during the marriage are also divided between the spouses according to their share in the division of property. For example, if one of the spouses takes on half of the property, he is obliged to pay half of all debt and credit obligations; if a third of the property - then a third of debts and loans. In this case, it does not matter at all whose signature is on the loan agreement or IOU. The obligation to pay them lies with both spouses. Therefore, immediately before the divorce, not only determine the list of property to be divided, but also take a certificate from the bank about debt on loans.
Step 6
If a voluntary agreement on the division of property and debts cannot be reached, contact the district court or the magistrate. The success of the litigation depends on the availability of state registration of marriage, the time and period of the marriage, the composition, type and value of property and many other factors. Support your claims in court with written evidence and testimony. Take care of their availability in advance.
