Unfortunately, not all marriages stand the test of time, everyday life and various life circumstances. When parting, former spouses, as a rule, have to solve the problem of division of property. And here the husband and wife have an equal right to him, regardless of who earned how much and for whom what is formalized.
Necessary
documents confirming that the property was acquired before marriage, donations, marriage contract
Instructions
Step 1
When divorcing, it is important to take into account that all property acquired during marriage is divided into two spouses in equal shares. Spouses can independently divide property and disperse amicably - this is the easiest and most painless way. If, after that, the ex-spouse has any claims, he has the right to challenge part of the property in court.
Step 2
The spouses can notarize the fact of division of property for greater confidence. By paying a small fee, they will receive a certificate that has the same effect as the court's decision.
Step 3
If everything cannot be settled peacefully, the spouses have no choice but to go to court. This is an extreme way. Quite expensive, by the way, since a few percent of the property's value will have to be spent on legal costs.
Step 4
You should know that personal belongings (shoes, clothes, personal hygiene items, etc.), property received by each of the spouses before marriage, received during the marriage by inheritance or as a gift are not subject to division. However, if, during cohabitation, expensive repairs were made in the apartment of one of the spouses, the court may deduct part of the funds for compensation of labor and money to the other party. Real estate, jewelry, bank deposits, shares and securities are subject to section under the current legislation.
Step 5
In order to protect yourself from the total division of property, it is recommended to conclude a marriage contract, which would regulate what will be transferred to whom in the event of a divorce. The marriage contract can be concluded both before and after the marriage. Moreover, it is imperative to have it certified by a notary. But even when signing a marriage contract, the court takes into account the interests of the children and can sue a part of the property in their favor, respectively, until they come of age, they will be disposed of by the spouse with whom the children are left.
