It is possible to divide property in a civil marriage by agreement of the spouses, and in case of failure to reach an agreement - in a judicial proceeding. It should be borne in mind that the norms of family legislation on the legal regime of spouses' property do not apply to civil marriages.
Instructions
Step 1
If it is necessary to divide property in connection with the termination of a civil marriage, it is necessary to first invite the spouse or spouse to conclude a written agreement defining the respective shares. If you refuse to draw up, sign such an agreement, you should prepare for a litigation, in which you will need to prove really cohabitation, maintaining a common household for a long time, the presence of common property, participation in its acquisition (investment of funds).
Step 2
When dissolving a civil marriage and dividing property, one should not rely on Chapter 7 of the Family Code of the Russian Federation, since it applies exclusively to registered marriages. Property relations in a civil marriage are not legally regulated, therefore, proving the above circumstances for one of the spouses in court is usually a difficult task. Judicial practice proceeds from the need to apply the provisions of civil legislation on shared ownership to such relations.
Step 3
When applying to the court for the purpose of dividing property jointly acquired in a civil marriage, one should be guided by the norms of Article 252 of the Civil Code of the Russian Federation. This article defines the features of the shared ownership regime. An interested spouse may demand recognition of his right to a certain share of the property that was acquired during the period of cohabitation at the expense of common funds. If it is impossible to prove all the circumstances necessary for the recognition of the fact of joint acquisition of specific property, then the claims of one civil spouse to the other may be refused.
Step 4
If the court refuses to divide the property that was acquired in a civil marriage, the spouses can rely solely on the part of the property that is registered in each of them. In relation to real estate, vehicles, deposits, shares, only documents of title have legal significance, in relation to other property - documents on the acquisition, payment of a certain amount. If the court satisfies the requirement for the division of property, then the court decision indicates a specific list of things that are subject to the shared ownership regime, and provides a legal basis for the conclusions made.
