If the spouses decide to dissolve the marriage, then the division of property is inevitable. There are two ways to divide property: to conclude an amicable agreement on the division of jointly acquired property or to divide property in court. A peaceful settlement of the property issue increases the chances of normal communication between former spouses in the future, which is very important in the presence of joint children.
Instructions
Step 1
The conclusion by the spouses of an amicable agreement on the division of jointly acquired property is possible only if there is an agreement between the parties. If you can't agree on the division of property, you will have to go to court. The solution of property problems in court can only take place within the framework of the current legislation of the Russian Federation, and it is guided by the principle of equality of material rights of spouses. Such a solution to the issue often does not suit both spouses, since in most cases the spouses' personal property can be recognized as joint property if significant improvements were made to the property during the marriage, for example, major repairs were carried out.
Step 2
The signing of an agreement on the division of jointly acquired property allows spouses to establish their own procedure for the division of property. The agreement may contain both a list of joint property and information about the personal property of each of the spouses. An agreement on the division of property can be signed by the spouses during marriage, in the process of preparing for divorce, within three years after the divorce. The agreement is drawn up in a simple written form and, at the request of the parties, can be notarized. If the agreement on the division of property is notarized, then any change in the agreement or its termination is also notarized.
Step 3
If the spouses or ex-spouses have applied to the court with a statement of claim for the division of jointly acquired property, and in the course of the proceedings have come to an agreement with respect to the disputed property, then the parties have the right to conclude an amicable agreement before a decision is made on the case and submit it to the court for approval. The court cannot interfere with the expression of the will of the parties.
Step 4
To conclude an amicable agreement on the division of jointly acquired property, the following documents are required: passports of both spouses, marriage certificate, divorce certificate, documents confirming property. An amicable agreement must necessarily contain: the date and place of drawing up the document, the names of the parties, passport data, registration addresses, data on marriage, data on divorce, a detailed list of jointly acquired property, provision on the division of jointly acquired property, information that from joint ownership passes into the personal property of each of the spouses, the signatures of the parties.
