A wedding, a honeymoon, and several years, or maybe decades of marriage, quickly flew by. And only now you realized that you don’t want to and will not live with this person again. There came a time when thoughts of divorce became reality. It's time to take care of your future and consult in more detail on the topic "Division of property in a divorce."
Of course, you can assume to the last that you and your spouse are civilized people and agree. But in practice, such cases are rare. And the couple, who swore love and fidelity, begin to pour mud on each other in the hope of snatching a bigger piece.
How to divide property during a divorce and not lose their human appearance? It is best to take care of this in advance and conclude a marriage contract during marriage. This will greatly facilitate the division of property in a divorce. Such a proposal offends many spouses. Negative thoughts and doubts about their second half begin to torment. And in vain, because a prenuptial agreement is not an act of mistrust, but rather a way to insure your loved one in case of unforeseen life situations.
Such a document can be issued both before marriage and at any time in family life. If the material well-being of the family changes, such an agreement may be amended by a notary public. But if for some reason you did not compile this document, then the division of property during a divorce can turn into a very unpleasant procedure for you.
It is hard for spouses to agree with each other about who belongs to what. This is understandable. After all, everyone believes that he invested much more time, effort and money in joint property and therefore, the best and most share should belong only to him. But this opinion is erroneous. According to the legislation of the Russian Federation, all property acquired during marriage is considered joint and must be divided equally between spouses.
What will not affect the division of property in a divorce?
· Everything that was personally presented to you only on condition that the gift was issued.
· What you inherited.
· Your personal items, which include shoes, clothing, and hygiene items.
· Personal belongings of the child, as well as books and items of children's furniture.
· Bank deposits issued per child.
· What belonged to you before marriage.
All other things, luxury goods, jewelry, cars, real estate, furniture and even cutlery and bed linen should be divided in half.
It is worth remembering that if you did not want to formalize your rights and carry out the division of property during a divorce, then you have a great opportunity to do this within 3 years from the date of divorce.
Do not forget that in case of a divorce, not only jointly acquired property will be divided , but also debts, as well as bank loans. Therefore, it is worth attracting a qualified specialist to conduct such a complex and important procedure for your future life as the division of property.
You need to know that it is possible to share property while married. This procedure is carried out for various reasons. Grounds - debts of one of the spouses. In this case, creditors apply to the court and indicate the amount of debt in the filed suit. There is a division of the property of the spouses in court, after which the required amount will be repaid from the debtor's share.
A lawsuit on the division of property can be filed in court by third parties who claim a part of the property in the event of the death of one of the spouses. In this case, everything is divided in half between the spouses and a certain amount provided for by the legislation of the Russian Federation is allocated to interested third parties from the share of one of them.
Take care of your well-being in advance, this will prevent many problems.