Everything, everything that is acquired by overwork … Life consists not only of joyful moments and holidays. Let's talk about such a moment from everyday prose as the division of property in marriage. How spouses can legally divide property.
Instructions
Step 1
The division of the joint property of the spouses can be carried out both during the marriage and after the dissolution of the marriage:
- at the request of any of the spouses;
- in the case of a claim made by the creditor for the division of the common property of the spouses in order to recover from a share of the common property of one of the spouses.
The common property of the spouses can be divided between them by mutual agreement. Including, it is possible to notarize an agreement on the division of common property, at the common request of the spouses. In case of disagreement on this issue, the spouses, the division of their common property and the determination of the share of the spouses in the joint property are carried out in court.
Step 2
In the case of division of common property in court, at the request of the spouses, the court determines which property will be transferred to each of the spouses. If property is transferred to one of the spouses, the value of which exceeds the share due to him, the court may award the corresponding compensation in monetary or other equivalent to the other spouse. Also, the court has the right to recognize as the property of each of the spouses the property acquired by each of them during the period of their separation in the event of termination of the marriage relationship. Things that were purchased to meet the needs of minor children are not subject to division and are transferred to the spouse with whom the children live without compensation.
Step 3
When the joint property of the spouses is divided during the marriage, their common property is part of the common undivided property of the spouses, as well as the property that the spouses acquired later during the marriage. It should also be borne in mind that a 3-year limitation period applies to the requirements of the spouses whose marriage has been dissolved for the division of their joint property.
Step 4
Unless otherwise provided by the agreement between the spouses, when dividing the common property of the spouses and determining their shares in this property, the shares of the spouses are recognized as equal. However, the court may deviate from the provision of equality of the spouses' shares in joint property on the basis of special circumstances. The general debts of the spouses are distributed among them in proportion to the shares of the spouses awarded by the court.
