When the head is spinning with love to the famous waltz of Mendelssohn, hardly anyone thinks about the unfavorable outcome of events and the division of property. Unfortunately, the inexorable statistics show that every second marriage ends in divorce, in which the division of property acquired by the spouses in a legal marriage is carried out. Moreover, disputes arise not only because of valuable movable and immovable property. The inventory includes jointly purchased cups, spoons, forks.
Necessary
- - marriage contract;
- - notarial agreement;
- - application to the court;
- - the passport;
- - certificate of marriage or divorce;
- - certificate of property value;
- - inventory of property acquired in marriage.
Instructions
Step 1
In case of divorce, you can keep the car for yourself if you bought it before the registration of the marriage or received it as a gift during the legal marriage, since this type of property cannot be divided and remains for the person who purchased it. All other property acquired during the registered marriage is joint property of the spouses and is subject to division in equal shares (article 34 of the Family Code of the Russian Federation, article 256 of the Civil Code of the Russian Federation).
Step 2
If you do not have a marriage contract that specifies what property each spouse will own after a divorce, you can peacefully negotiate a division of the jointly acquired property. So that everything is within the law, and subsequently neither of the spouses goes to court with a statement of claim, draw up a notarial agreement, in which you specify in detail what remains for each of the spouses after the divorce.
Step 3
In the absence of an agreement between the spouses, if the division of the acquired property cannot be carried out through peaceful negotiations, apply to the magistrate's court with a statement of claim. Show your passport, marriage or divorce certificate, an inventory of the property to be divided, a certificate of its value.
Step 4
On the basis of a court order, the property will be divided between the spouses in equal shares. You can keep the car for yourself if the other spouse gets their share of the same property. For example, if you divide a car and an apartment, one spouse can get real estate, the second - movable property, if its value is approximately the same. Often the cost of a car significantly exceeds the cost of an apartment. You will have to pay the difference between the price of a car and an apartment to your second spouse. If, during the period of a registered marriage, you only acquired a car, you also have the right to keep it for yourself, but at the same time you must pay half of the cost to the second spouse.
