It is possible to divide jointly acquired property not only during the divorce proceedings, but also while being married. Also, the division between the former spouses of everything acquired jointly is possible after the dissolution of the marriage after a while. There are certain rules for the division of acquired property according to the legislation of the Russian Federation.
Instructions
Step 1
When dividing the acquired between spouses, the court relies on equal rights between them. That is, it initially divides the property acquired or acquired in marriage in half. At the same time, the property is not divided into spouses and in equal shares to their children, since it is considered by law that the children did not make money from it, therefore they have no right to the property of their parents. However, under certain circumstances, the court may increase the share of the parent with whom the children remain after the divorce.
Step 2
If real estate, car, firm, company, etc. were registered to one of the spouses, they are also divided between them in equal parts. As for the debts of the family, they are divided in direct proportion to the shares that were awarded to the spouses. That is, how the acquired will be divided, the debts will also be divided.
Step 3
When the spouses, for some reason, do not want to get divorced, but would like to share what they have acquired during the marriage, their property will be divided in court in the same way as in the case of a divorce.
Step 4
The property that belonged to one of the spouses before marriage is not subject to division. Or the one that during the existence of the marriage union was inherited by him, donated.
Step 5
The division of property between people who were in a civil marriage does not fall under the legal framework of the rights and obligations of spouses, since such a marriage has no legal force. In this case, the acquired will be divided according to the principle of division of disputed shares or property between friends, neighbors, relatives. Here the court will take into account investments in acquired property by both common-law spouses. When the property is divided, the plaintiff will have the right to recover these investments from his defendant.
