Most often, the need to divide common property arises in the event of divorce. The division of property involves the allocation of parts in the common property for each of the spouses. According to family law, the shares of the spouses are considered equal. The parties can themselves determine the terms of such a section or resort to judicial resolution of the dispute.
Instructions
Step 1
An independent division of common property can be carried out on the basis of the terms of a marriage contract (the law requires mandatory notarization of the contract, otherwise its terms will not have legal force) or an agreement on the division of property (does not require a mandatory visit to a notary, however, at the request of the parties, it can also be certified by a notary)). The agreement presupposes the mutual expression of the will of the parties.
Step 2
The judicial procedure for the division is carried out by filing a statement of claim. The claim should indicate what property the spouses have at the moment. Only property acquired jointly during the marriage is subject to division. Indicate the value of the common property. The claim must state how the plaintiff wants to divide the existing property. Depending on the cost, the state fee will be paid. Also write the reasons for deviating from the equality of shares. When making a decision, the court takes into account with whom the children live, what property was necessary for them and is necessary for their development; there is an interest of one of the spouses, for example, a musical instrument, a wheelchair; the period when one of the spouses did not receive income, and therefore did not bear the costs of purchasing and maintaining common property. For example, a car was purchased during a period when the spouse did not work for a long time.
Step 3
Execution of an agreement or court decision on the division of property.
