Unfortunately, not all marriages last happily ever after. The statistics of divorce in our country, and in the world, is such that almost every couple sooner or later thinks about such a possible outcome. And those spouses who ultimately decide to break off relations are faced with the inevitable question of the division of property. Even in a student marriage, even in a rented apartment, usually the husband and wife have something to share. The whole question is how this section will be held: peacefully, by mutual agreement, or with the involvement of lawyers and a judge.
Instructions
Step 1
Try to negotiate with your spouse. Please note that the absence of property claims to each other allows you to officially divorce much faster. If your former family did not have particularly expensive things or real estate that you would like to compete for, you can settle the matter peacefully. Sit down with and make a list of all the pieces of furniture, household items, and so on that are to be sectioned. Describe who gets what. If you have doubts that after some time your ex-half will not demand, say, a cabinet or a diamond ring back, certify the list of divided property with a notary.
Step 2
If you can't solve the case peacefully, you have to go to court. When you are going to the hearing, remember and mentally apply to yourself a few extracts from the Family Code regarding the division of property. The main postulate: everything that was acquired during the years of marriage is considered jointly acquired and in case of divorce in court it is divided in half. The only exceptions are personal clothing and hygiene items. As well as real estate that was donated to one of the spouses, or privatized in his name.
Step 3
When considering a case on the division of property, the court can take into account many factors. For example, the presence of children: of course, most of the jointly acquired will go to the spouse with whom the underage offspring will remain. The testimony of neighbors, colleagues, friends of the divorcing people may also have weight in court. For example, in the event that the spouse did not work without a good reason, led an immoral lifestyle, drank, and in the event of a divorce claims to be expensive property.
