Property profile: everything you need to know before divorce
Right Educational Program / / December 19, 2019
When there is a division of property
This does not necessarily wait for the divorce. Divide the property as possible and at the timeSC Code, article 38. Division of common property of spouses marriage. And this is not always happening at the initiative of the spouses. If one of them someone owed, the creditor may apply to the court with a request to allocate the proportion of the defaulter. In this case, the lender will return your money from the debtor's property in particular, not his family.
The statute of limitations is three years from the date when the person became aware of the violation of his rights.
For example, in a divorce spouses have agreed not to divide the three-room apartment at once, and to do so if necessary. It takes five years, ex-husband marries his child is born, and there is a question of living space. Former spouse refuses to share an apartment. From that moment begins a three-year statute of limitations.
Kondalev Constantine, director of law firm "Vector"
How can you divide the property without trial
There are two options: marriage contract and an agreement on the division of property.
According to the director of the legal service "Unified Protection Center" Konstantin Bobrov, their basic differences are as follows:
- The marriage contract can be concluded both during the marriage and before him. The agreement on the division of assets - during the marriage and after its dissolution. In this case, a prenuptial agreement can not be signed after marriage, and agreement on the division - before him.
- The agreement applies only to existing marital property. can be divided in the marriage contract is not only what is, but what will be.
One in the pair receives a salary of 20 thousand, while the other - 120. It is clear that during the years of marriage to the overall boiler will be uneven. In this case, the spouses may agree in advance that the possible divorce money in proportion to the revenue share.
Theoretically, we can solve everything in words, without any papers. But it is better not to do so. Oral contract would not be valid, if someone of the spouses changes his mind and decides to divide the property through court.
And the marriage contractSC Code, article 41. The conclusion of a marriage contractAnd the agreementSC Code, article 38. Division of common property of spouses division of property must be notarized.
If spouses want to share all the things purchased in advance, you need to choose a marriage contract. If there is interest in a particular section of the property, it is better to enter into an agreement.
Konstantin Bobrov, director of the legal service of "One Center for Protection"
agreement of divorce It can be challenged in court, but the Supreme Court declinedDetermination of number 88 KG16-1 to the fact that the agreement must be respected. With the marriage contract all the more difficult if the court decides that the law of one of the spouses is harmed, it recognizes the contract null and void. In this case, the property will be divided in half. It is therefore important that the conditions are fair.
How is the division of property in court
If the parties could not agree, the court will decide a moot point. Default jointly acquired property (that refers to it below) divided in halfSC Code, article 39. Determination of share in the division of common property of spousesIf there was no marriage contract.
In some cases, the court may change the size of the stakes in the interests of children or if one of the spouses did not earn anything without good reason, wasted property to the detriment of the welfare of the family.
Konstantin Bobrov, director of the legal service of "One Center for Protection"
In our practice, it was a case where the court has changed the size of shares, because the spouse to sell the common property, and spent the money to buy alcohol. This was recognized costs to the detriment of the family.
Not everything can be divided strictly in half.
If one spouse gets the property whose value exceeds the share due to him, he must pay compensation to the former partner.
Husband got a car worth 500 thousand rubles, and his wife - an apartment for 1.5 million. Cash stake are not equal, so the owner of the housing must pay his wife 500 000. So, both in material terms will get equal shares.
According to Konstantin Kondalova in litigation It may be entered into a settlement agreement on terms acceptable to the parties. If you violate the approved conditions of such an agreement is not necessary to file a lawsuit again. Get a writ of execution and carry it to bailiffs for enforcement.
Which property is divided
To everyone's property includes:
- Income of each spouse from employment, business and intellectual activity - wages, fees and so on.
- Payments that do not have a special purpose, - pensions, benefits.
- Things acquired at the expense of total revenues.
- holdings, Securities, shares, made to the commercial organization.
And it's not the entire list. Exceptions - that is not divisible by the law (on this later).
By the way, it is divided between the spouses not only property. According to the lawyer of the European Legal Service Shirokova common debts are divided between spouses in proportion awarded their shares. But here it is necessary to prove that the spouse knew about the loan, and the money has been spent on the general needs.
What property is not divided
Not everything is considered joint property. By law, your personally remainSC Code, article 36. The property of each spouse:
- Things for personal use such as clothing and footwear. But this does not apply to luxury goods and jewelry. If you got married studs with diamonds and sable fur coat, will have to share.
- Right the result of intellectual activity created by you.
- Maternal capital.
- The property, which belonged to you before marriage. If an apartment or those same diamond studs you bought before meeting with her husband, they do not have to share. But the time of their occurrence need to prove. In the case of the apartment you will gain a contract of sale. With studs harder - store checks or seek witnesses.
- Things acquired during marriage as a gift, inherited or resulting from other gratuitous transactions.
A court may declare personal property jointly owned, if at the expense of community property or the work of his condition has improved and it has become a cost significantly more.
Shirokova, Associate Legal Service of the European
The significance of his contribution will have to prove. Suitable checks, account statements, witness statements, photographs showing the changes contract of sale with the designation of the original price and the actual results of the evaluation of the object - all that allows you to prove your case.
One of the spouses was a grandmother's ramshackle house in the village. During the marriage the joint efforts of a couple turned it into a country cottage. Naturally, the money he had invested a lot. In this case, the court may allocate a second wife share in the property, which is considered to be personal - but not necessarily 50%, and in proportion to the original cost and vindicated spending.
If you prove that have not conducted a joint household, even though divorce is only now, property purchased at a time when the family does not actually exist, and will remain yours.
In addition, the list can not be things of minors children. Clothing, footwear, toys, sports equipment, musical instruments are sent to the person with whom the child lives. Second wife compensation for it is not provided.
Contributions on behalf of children and do not divide - it is their property.
How to protect your property from section
It happens that not everything acquired during marriage, I want to share. For example, after the wedding, you have sold your bachelor apartment to buy a home with little more extra charge. In fact, the bulk of the money earned before the marriage and should not be distributed between the parties.
This is the case and there is a prenuptial agreement and an agreement on the division of property, which is better to conclude in advance. When there are no hard feelings, it is easier to look at things rightly.
Another option - keep the checks and transfer money through channels that are easily traced. So you will be able to prove in court that he spent on family apartment premarital money or the money that you gave parents.
As it is not necessary to protect the property of the section
Let us put aside the moral side of the issue. There are techniques, which will be released sideways in the first place to you,
- Record property to a third party. The owner will receive the full right to dispose of them, so you can easily stay without anything. And if the third party something happens, then the property will pass inherited.
- Sell the property to the section. Such a transaction is easy to challenge, as jointly acquired good implemented with the consent of the other spouse, - we are primarily talking about expensive things such as apartments or cars. As a result, half of the court with you all the same will take, if intervened in the case a good lawyer.
Points to remember
- It is better to discuss the issue of the division of property in advance and sign the relevant papers until in relationship peace reigns.
- If you spend on the purchase of a large family premarital savings, save the evidence.
- When it comes to court, looking for a good lawyer to help restore justice. Loopholes for unscrupulous spouses are not many, and they are known.
- Loans also have to share, so it is best to be aware of the spouse debts. Collect evidence that he took a loan without your consent, and the money spent on themselves.
- Divorce healthy person: parting on good and not harm children
- When and who benefits from the trust management of the property
- How to make the property tax deduction and get 260,000 rubles from the state
- How to make a will and to properly dispose of their property
- How to survive after a divorce: tips for women