The basis of every family are spiritual and material relationship between the spouses. Despite the importance of the spiritual side, without the existence of family wealth as possible. Property acquired during marriage, considered common and belongs to both spouses, but when the family collapses, often raises the question of how the property is divided. That is the question I propose to consider today readers MirSovetov.
At that rely
Division of property in razvodeOsnovy all relationships in the family, including divorce, are registered and regulated by the Family Code. This code allows spouses to establish their contractual relationship in connection with the ownership of the property (marriage contract), if such relationships are not established, then the dispute be settled in court under Chapter 7 of the RF IC and / or under the Civil Code. Go to last most widely used for the division of property between spouses living "civil marriage", that is not registered their relationship to the established norms of the law. And although the definition of civil marriage is not valid under the law to resolve disputes between parties who live together and leading the overall economy, it is also possible in the courts. But in this case the claim is not about the division of joint property, and the joint co-ownership.
Where to go
Division of property when razvodePo on the division of property by one spouse may be filed by petition to the court to allocate part of common property, each party in a divorce, as well as the duration of the marriage or after its termination within three years from the date of its dissolution. Under section 2 of article 9, the RF IC and Part 1 of Article 200 of the Civil Code if one spouse is concealing the joint property of three years counted from the day when someone else is a divorced spouse was or should have become aware of it.
The suit is filed before a magistrate in the Magistrate's Court at the place of residence (registration plaintiff - the person who submits an application). The application should attach a list of property value determination of each individual unit, which must be divided, the state duty payment receipt for the application to court (paid by the plaintiff), a certificate of divorce (or marriage certificate), a document certifying the identity of the plaintiff (the passport) .
Type property
Division of property in razvodeSleduet begin from the moment that not all property acquired during marriage, even a joint. Let's see what kind of property is considered joint property and subject to division, and what is personal property of one spouse, despite their legal marriage.
The joint (matrimonial) property of the spouses are:

    * Income of both spouses from employment, business and intellectual activity.
    * Pensions, allowances and other payments from the state if they have no purpose (for example, financial aid, compensation for harm or damage).
    * Acquired by total income property, shares, securities, etc.
    * Any other property acquired during the period of the marriage, no matter whose name is specified in the purchase.

As you can see, every item in the list ends with an ellipsis and the law does not set clear limits on the joint property. It is assumed that while people are married, they are tantamount to the right against the movable and immovable property, but dispose of them by mutual consent. Although, of course, permitted and independent decision by one or another form of deals with common property, if such transactions do not need to be notarized or recorded in public institutions.
Personal property of each spouse (or separation) includes:

    * Pre-marital property (all that was in the spouse to the state registration of relations);
    * Property obtained by gratuitous transactions (such as donations, have left a legacy);
    * Personal belongings, but not jewelry and luxury items.

In order to eliminate the personal property of the section, its owner must provide the court with evidence that it was acquired before the marriage. Such evidence may be checks on the purchase agreement with the dates of acquisition. Such arguments the parties have the right to bring witnesses, everything should be confirmed only documented.
The recognition of personal property shared
I want to focus readers MirSovetov more on the fact that there are times when personal property is transferred to the general. This occurs because of the fact that during the marriage from the general funds of the spouses the property has been substantially changed / improved and increased in price. These changes may include repair, reconstruction, improvement and other similar actions.
Valuation of property
Division of property in razvodePrikladyvaya to the claim list of property for the section with an indication of its value, should also stock up document (s) confirming these figures. This is done with the help of independent experts, imeyuschihlitsenziyu for evaluative activities. Expert-evaluator produces a visual inspection, does the photo estimated property and based on data obtained from the examination and you are making the calculation of cost adjusted for depreciation / repair, etc. For example, the cost of an apartment may increase due to overhaul or decrease if a long time, even routine repairs are not performed. Cost estimates may vary from 500 rubles per unit of property, or from 2 to 10 percent of the bulky and immovable property. The evaluation, issued in the hands of a report on the status of the property and its value.
Determination of shares in the division of property
Division of property upon divorce the court challenge is not simply divide the property between spouses, but also set the property is not subject to section, if the property would be included in a list of the claim. There are situations where spouses do not actually live together for some time and go to court. Property acquired during the separation, before the actual dissolution of marriage can also be ruled out as a personal one of the spouses.
Debt obligations of the spouses is also distributed together with their spouses, and everyone will have to subsequently pay their portion of the debt by the court. This may be credit agreements for household items, appliances and so on.
Originally expected to equal shares of the spouses, but there are certain circumstances (eg, military service, stay in prison) in which the share may be increased in respect of a spouse and, accordingly, reduced in relation to another. It may be a division in the equivalent 1 / 3 or more.
After allocating a share of the court set the property in cash due proportion and division of property held by name, with a detailed indication of what and who will own after the verdict of the court.
Where property can not be divided, or to allocate the proportion of one spouse, without violating the integrity of property, such as car, TV, fridge, painting, the court may decide on the transfer of a spouse of such property as a whole, and second to appoint a compensation for a share in it ( Part 3. 38 Family Code). Compensation may be in the form of other property, or in monetary terms. In monetary terms, compensation may be marked only with the consent of the party to which it will have to pay, but if the proportion of compensable minor, a court may order the payment without consent. If you transfer such property to the court shall consider the interest of each party in its use and reserves the right at him for the spouse to whom it is more necessary, or who are more attached to him for any reason. Furthermore, monetary compensation may be imposed only if the amount of the payment is low relative to the total value of the property.
Court also set the time in which monetary compensation should be paid. This term, as well as modalities for the transfer of compensation should take place on the schedule set by the court. The schedule is drawn up in accordance with the material conditions of the paying party (the level of income and expenses). Violation of deadlines imposed by the court obligation to pay compensation to face penalties as are prescribed by the Civil Code.
Division of property upon divorce Determine share in joint assets more difficult if the couple has minor children. In this case, the court must take into account this fact and to reallocate shares between spouses with regard to the interests of minor children. For example, under Part 2 of Article 39 of the Family Code to a spouse who remain children after divorce, may be increased share in ownership of joint property. In this case, property acquired directly for use by children, and the section can not be completely transferred to the other side, which will live children. It can not be claimed and the compensation for such property. These can be personal belongings of the child, sports equipment for training child furniture child, piano or other musical instruments, books and more. They also include money savings, expelled by either parent for a child (part 5 of article. 38 SC Code).

The section of property between spouses rather complicated and controversial issue, which is influenced by many factors. Full of confidence, what can you pretend to count and after the trial, not even in the legal profession. So before you go to court with a claim for property division will not be superfluous to consult to find out details on the specific situation and controversial moments.