Consider how the division of the common property of the spouses is carried out .
Marital life is based not only on the commonality of spiritual interests, financial aspects are also of great importance in marriage. The material value of such a union lies in the conduct of a joint common economy based on property relations between a wife and a husband. Unfortunately, life may turn out so that in some families there come a time when, for some reason, joint farming is not possible. In such situations, the division of common property is the only right decision.
The main reason for this is usually a divorce, but sometimes married couples share what they have acquired, which is allowed by law.
The division of the common property of married spouses has two reasons. Quite often, people share the available material values in order to be able to use their own share of those in their personal interests. The division of joint property may be performed at the request of creditors. This occurs in cases where the property of the loan debtor is not enough to pay off loan debts. By the way, the last version of the division of common property is found in legal practice more and more often.
The Family Code of Russia provides for the probability of sharing the common property of the spouses by mutual agreement. The peace agreement concerns only what was jointly acquired during the existence of the marriage. If no mutual agreement is reached, the division of the common property shall be considered by the court.
The common property of the spouses (in accordance with the articles of the Civil Code of Russia) includes everything that they acquired during their joint family life. In the event that a marriage contract was entered into before marriage , the common property of the husband and wife is calculated within the framework of such a document. Unfortunately, these agreements do not take root too well on Russian soil. Marriages least of all think about how to protect their rights in the event of a divorce, completely surrendering to feelings alone. While a competently and timely drawn up prenuptial agreement would help to make the division of spouses' property during divorce less painful and not so humiliating.
Property that was purchased before marriage was received by one of the spouses as a gift or by inheritance belonging to minor children, as well as personal belongings of the spouses are not subject to division.
The Family Code of Russia states that all the property that was purchased by the spouses during their life together should be divided equally between them (unless, of course, a marriage contract was concluded). The court has the right to depart from the principle of equal shares for a number of purely objective reasons: when considering the division of property, the interests of children under the age of majority, or the interests of one of the spouses. If the husband and wife had common debts, then during the division of property they are distributed according to the shares received by the parties.
If one of the spouses during the division receives property whose value is higher than the legal part of it, then the second has the right to monetary or other compensation.
The division of common property during a divorce is not such an easy task. Sometimes litigation brings a lot of moral suffering, and they usually end with the fact that those who once promised each other to be together in joy and misfortune become mortal enemies. That is why the process of dividing property is best carried out with the help of a competent lawyer who will help to avoid unnecessary humiliation and implement it as quickly as possible and in accordance with the law.