If family life is not catastrophicis formed, then the final measure becomes a divorce. According to studies, the stress of divorce, according to the strength of its psychological trauma, is in the next place after the death of a loved one.
No matter how deliberate and obvious the decision,experiences will still be very much. After all, not only the usual emotional connection is torn, but the general material world, which has been forming over the years, is also to be divided. To avoid additional fears and problems in this painful situation, let's talk about how property is divided during a divorce.
This process is regulated by the Family Code of the Russian Federation,according to which the property that the spouses have acquired in marriage is joint. In a divorce, the husband receives half and the wife receives half, unless a court decision or marriage contract establishes another.
What can be considered jointly acquired, and how is property divided during a divorce?
The Family Code says that the following are considered common property:
- income husband and wife from any type of activity;
- pensions and cash compensation that are not earmarked (for example, disability and child support payments are already earmarked)
- movable and immovable property acquired for joint income (this includes furniture, cars, land, real estate, household appliances, jewelry);
- securities, cash deposits, share in the business (only if it was created after marriage).
Not considered jointly acquired:
- property and real estate acquired or received before the registration of marriage;
- real estate, which one of the spouses registered in his property as a result of primary privatization;
- property that one spouse received from a third party as a gift or by inheritance;
- property that one spouse bought onfunds that he had before the marriage (for example, if the spouse sold a painting that belonged to him before the marriage, and with these funds he bought other property);
- property that belongs to minor children (in this case, it remains with the parent with whom the children live);
- personal items, other than jewels and luxury items.
How is the property divided during a divorce, if one of the spouses did not work?
Even if one of the spouses did not have an independent income for any valid reasons (child care, housekeeping), he still has the right to half of the common property.
How is a flat divorced?
If the apartment belongs to the jointly acquiredproperty, it is divided equally between the spouses, provided that the children are not part of the owners. But if minor children remain with one of the spouses, then, in a judicial proceeding, his share of ownership of the apartment may be increased.
If one spouse owns an apartment,and the other simply lives there, then after the divorce, he must move out and change the place of registration, according to the Housing Code of the Russian Federation. If this does not happen voluntarily, the owner can evict the former spouse from his apartment by a court decision.
Family members of the spouse who did not participate in the privatization of the apartment, but lived or were registered there at the time of privatization, have the right to permanent residence.
The most difficult situation - if in the apartmentminor children live, and the spouse with whom they stay does not have their own housing. Then the court may award a forced separation of an apartment in favor of that spouse.
How are divorce loans divided?
Суд, в первую очередь, устанавливает, для каких goals was taken credit. If this was done entirely for the needs of the family, then the loan is recovered from the common property of both spouses. And if the loan was taken for the personal needs of one of the spouses, the loan is paid by the one who issued it.
In any case, if you have anydoubts about how property is divided during a divorce, it is better to ask a lawyer specifically about your situation. Fears of being left with nothing after a divorce, or paying off a spouse’s debts, may be unfounded. There is always a way out, remember this.
