This is not to say that the official registration of relations in the registry office is popular for modern society. Whether it is a matter of cohabitation, which presupposes not only a number of positive features, but also a significant drawback. Sharing together in a common law marriage can be a daunting task.
Many people are afraid of the obligations that are imposed on a person along with the signature on the marriage. In view of this, young couples decide to live together, which eliminates unnecessary responsibility. Moreover, cohabitation presupposes financial independence. If people decide to end cohabitation, then a reasonable question arises about the division of acquired property. This aspect can be resolved either peacefully or with the involvement of a court. How to divide property in case of divorce is the business of every couple.
Peaceful division of property
Civil marriage does not imply any obligation for the spouses. The same applies to the section of acquired property. Sharing jointly acquired things and valuables is possible only in accordance with Article 252 of the Civil Code. It states that the court will consider all the property of the cohabitants not as common, but as shared property. Each spouse must prove that he is the owner of this or that acquisition. Evidence for this is not easy to find.
The property can be divided peacefully through an agreement. It is notarized and signed by both parties. In the text of the agreement, all property is divided into spouses. In the case of the consent of the former lovers, they put a signature, and the document takes on legal force. In practice, the division of property during divorce is far from always happening peacefully.
Division of property by means of a court
In most cases, when a couple divorces, they cannot agree, especially if the section concerns costly joint acquisitions. For example, a couple in a civil marriage decides to buy an apartment and does it together. The acquired property, as an option, is documented in the name of the man. In case of divorce, from a legal point of view, a man is a full-fledged owner of an apartment, it cannot be divided.
If the other half, whose rights were violated, can prove that they also invested their own funds in the purchase, then the case will go to court. First of all, the court must establish that the apartment is shared ownership. If this can be achieved, then subsequently the property will be divided depending on the income of each of the spouses. As evidence of involvement in the acquisition, you can use the testimony of witnesses, documentation and a certificate of income in order to indicate that there really was an opportunity to add money for the purchase. The division of the spouses' property in case of divorce through the court should be carried out with the assistance of experienced lawyers.
