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Divorce property section

Section of property upon divorce. Nuances of legislation and judicial practice.

What a wonderful thing is the wedding and the subsequent fun wedding. Everyone is happy, especially the newlyweds, champagne, gifts, contests, laughter and toasts for the health of young people.
The latter at this moment think that now they are together for life. And often this is the case. But not always.
As they say from love to hate one step. And when this step is done, unfortunately, the processes reverse to the above begin. This refers to the legal registration of the divorce and the division of property, if it is of course acquired by the spouses during their cohabitation.
This section of the property is dedicated to this article.

What is divided and what is not divided?
Before the marriage, so to speak, during the free swimming, each half, if she is inclined to work, acquired some things, perhaps even a car or an apartment. Either it accumulated funds for some kind of purchase on a bank deposit.
In other words, before the marriage, each party accumulated some kind of personal property . This property remains personal and is not divided as a result of unsuccessful family life.
From the date on the marriage certificate, spouses begin to accumulate joint property in the form of the same apartment, car, land plot. Since this property is common, the law indicates the need to divide it in half.
But there are exceptions to this general rule. In addition to personal property is not shared:

  • • Property that was owned by your second half as a result of the hereditary procedure;
  • • Property that was donated specifically to your second half;
  • • Property acquired not from common funds, but from personal funds (for example, buying a car from funds that were accumulated on a personal deposit before the stamp in the passport). In this case, there is a transformation of one personal property (money) into another (for example, a car).

How is property divided?
There are only two ways of this. The first is when the spouses were able to reach agreement on such a section. It is called voluntary . The following section method is implemented:

  • • either by applying the appropriate conditions of the marriage contract, if it was previously concluded (then it is considered that the halves earlier, before the marriage reached this agreement);
  • • or by entering into a property sharing agreement.

In the second case, the spouses must arrive to the notary with the results of their agreements for notarial certification. Such a notarial contract must contain data:

  • • The right of each half to the property.
  • • On a clear distribution of shares in the common property.
  • • Information about the refusal in the future of each of the parties to the right to claim property divided.

On the basis of such a contract, the notary has the right to issue a deed of ownership of each party’s property. To confirm the ownership of each of them to other property additional documents are not required.
The second method of division of property takes place in cases where the parties could not reach an agreement and a dispute arose between them. This method is compulsory and is reflected in the filing of an appropriate lawsuit in court of one of the parties.
Let's turn to the realization of the procedure for dividing certain types of property.

How is real estate divided (apartment or house)?
As we said earlier, the law requires the division of any property equally, including this one. But not everything is so simple. This question can be influenced by a number of factors that can have an impact, both on the size of the parties' shares, and on the possible exclusion of property from under its division.
These factors and their consequences are shown in the table below.

Factor

Its effect

The apartment is purchased before the stamp in the passport

This property is one of the parties. Do not share

The house is donated, inherited

Same

One of the parties proved that when purchasing an apartment, in addition to common funds, her personal funds were withdrawn from the premarital deposit.

The share of this party can be increased in proportion to the personal contribution to the purchase

In the case of a section of an apartment, the interests of the heir will suffer equally

The share of the party with which the heir remains can be increased

Presented evidence of the acquisition of real estate at the expense of exclusively personal funds of one of the parties

Property is not divided

Presented evidence of the facts of payment of utilities, or the facts of a significant improvement in the living conditions of only one of the parties (repair)

The share of this side can be increased

It is clear that all these factors are reflected in the court decision, as well as the results of their influence on the division of property.

How does a business divide?
If one of the parties is the founder (co-founder, participant, shareholder) of a company, then such a business can be divided, provided that its contribution to the creation of this company was made at the expense of common property. In exchange for such a contribution, the party receives corporate rights that give the right to participate:

  • • in company management;
  • • in the distribution of profits;
  • • in obtaining part of the company's property in case of withdrawal from it or in case of its liquidation.

The easiest way to consider this is the example when one of the parties is a member of a joint stock company. Then her corporate rights are confirmed by the shares he owns. Proving that the shares purchased for common money, the second party will be entitled to half of them.
As the owner of these shares, the second half will be able to attend general meetings of shareholders and participate in the voting on the agenda, at the same time receiving a percentage of the company's profits, if any. Libor can sell his shares.
The situation is worse if the business of one of the parties is conducted within the framework of a registered FLP. The property of an individual entrepreneur or a private enterprise is not recognized as an object of joint ownership of the husband and wife. The spouse has the right to claim only a fraction of the income received from the activity.

How is a car divided?
This happens according to the general rules. If it is acquired after stamping a passport, it is common property and is divided in half. In practice, it is subject to implementation, followed by a section of funds.
As mentioned earlier, if one of the parties presents evidence of the acquisition of this car before the marriage, or after it but in the order of inheritance or donation, the question of its division is removed.

How are debts divided?
After the marriage, the parties accumulate not only assets (that is, property), but often liabilities (credit and other debt obligations through which property was acquired).
The law classifies these liabilities as the common property of the parties, and the court is authorized to divide them on the basis of the principles set forth above.
The main question is what exactly, that is, for what purposes borrowed funds went.
If a party presents evidence of spending these funds for family needs (buying an apartment, a family tour), the court can divide these liabilities. Otherwise, the court will consider that they are spent on the personal goals of the borrower, with all further understandable consequences.

Do you have problems with sections of jointly acquired property?
Contact our law firm! We, our experts will accompany you at all stages of this procedure and achieve a positive result!


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