By affecting the issue of the property section, first of all, it is necessary to designate the peculiarities of its regulation at the legal level, simply mentioning the rules used. In the Family Code of the Russian Federation, there is a two legal regime of marital property - under the terms of the contract (contractual) and on the basis of the law (legal).
The most common is legal regime affecting the general provisions in resolving issues related to marital property.
Article 34 of the Family Code provides that the property that was accumulated by spouses during marriage refers to their joint ownership.
However, the specified norm in Article 256 of the Civil Code of the Russian Federation has a small addition: "Provided when another legal regime concluded between the parties is established."
It is this definition directly indicates to us on the second legal regime - based on a contract, which, though less popular, but, nevertheless, to a greater extent ensures the observance by the parties rights.
In the contractual mode, only a pair of key tools can be used, which are submitted as an agreement and a contract providing for the partition procedure.
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A similar concept is indicated in the RF IC. It implies the property across the spouses during his marriage. When the divorce theme is affected, the separation of it takes place, of course, if the contract or concluded during marriage, there was no other one.
The Family Code suggests that the common property is considered the following:
- profit of any of the spouses when conducting any activity;
- pension payments and financial reimbursions that do not have a target orientation (for example, under the target orientation fall payments related to disabilities or a child's content);
- the property that was acquired at the expense of joint income (various jewels, furniture, household appliances, real estate, as well as transport);
- financial investments, valuable paper, percentage of business (subject to the creation of such an entry into marriage).
Not considered shared by:
- property decorated in the property before marriage;
- decorated in the privatization process (primary) in the property one of the spouses real estate;
- property owned by one of the spouses for giving or inheritance;
- acquired by one of the spouses for money, which has been marriage (for example, if the spouse sold his car, belonging to him before marriage, and acquired other property);
- values \u200b\u200bbelonging to children who have not reached the age of majority (in such circumstances, the value remains with that parents, with whom children live);
- objects intended for individual use (with the exception of any items related to luxury and jewelry).
How shared property shared
As mentioned earlier, Article 34 of the RF IC is designated that the revenues received separately from spouses are considered to be their common property.
Such property is also: from securities, shares, real estate and movable objects, the percentage of the authorized fund of a legal entity, deposits and other property acquired by spouses.
Absolutely not fundamentally, who exactly is its owner on documents. Cost joint property can be divided: according to the mutual agreement of the parties, if they are not against the settlement of the conflict situation outside the court, and in connection with this, in writing, they concluded an agreement where the share of each spouse is painted in detail. Such a document optionally can notarily verify.
If the parties did not come to the consensus regarding the section, it is subject to consideration in court.
During the judicial settlement of the issue, the court specifically denotes the list of property to be divided, followed by the release of parts from it for each of the parties.
In cases of obtaining a side of the property, significantly exceeding its share by law, this Party may be obliged to pay compensation in favor of the former spouse, which can be expressed both monetary and in another form.
Steps of a section of joint property in court:
- The process of establishing the volume of property belonging to each of the spouses;
- Establishing part of each;
- The separation from the common property list of that property to which one and the second side claim.
This list is determined, given the interests of the spouses themselves, the same children. During the section, the principle of equality of the share of each is valid. As an exception can act cases of the presence of children, as well as when one of the parties is not employed, regardless of the reasons.
Under these circumstances, the proportion of one of the spouses will or is reduced, or increased, but with a proper justification in the court process.
One of the reasons for increasing the share may be the presence of children who have not achieved adulthood if they stayed with one of the spouses.
The decision of the court may also affect the presence of diseases, or its disability.
The reason for the decrease in the interest of property can be non-treatment of one of the parties to revenues without valid reasons or its irrationality at the disposal of common property.
In the presence of debts in spouses, those are separated in proportion to the distribution of the parties awarded by the court.
Availability of domestic work spouseWhich during a marriage did not work, however, a household was led or cared for children who did not have a valid reason for income, could serve as a basis for awarding a percentage of common property.
How the property is divided when divorced if one of the spouses did not work
The fact that one of the spouses during the marriage did not have independent revenues for these reasons, does not deprive his legitimate right to half, accumulated during the marriage of property.
How to share the apartment when divorced
The joint apartment can be divided between spouses in equal shares if none of the children will be included in the owner's list.
However, if one of the spouses will stay at least one minor child, then the court is most likely to decide on the increase in property ownership.
In the Housing Code of the Russian Federation, it is indicated that divorce obliges that of the spouses who lived in the apartment of the second, to leave it, replacing registration. If such actions are not committed in a voluntary order, then such a decision can be accepted by the court under the initiative of the owner.
Members of one of the spouses, who, at the time of privatization actions, were registered or lived in an apartment, however, were registered or lived at the time of privatization actions, but they did not accept participation in the very privatization process.
The most difficult situation is considered when spouses have minor children living with them, but the spouse with whom the children will stay to live after the divorce is not provided with their own housing. In this case, the division of residential real estate in a compulsory order in favor of such a spouse is not excluded.
How are loans for divorce
The first thing that the court does is learn how a loan was taken for what purpose. If such actions were committed in family interests, then the recovery of the loan is carried out from the common property.
If the reasons for the capture of the loan consisted in the interests of one of the spouses, then the obligation of his payment will remain for the latter. Be that as it may, with doubts regarding the separation of property during the marriage process, it is better to apply to a lawyer on specific issues.
Your fear does not get anything after a divorce or about the payment of debts of the second spouse, it can be absolutely not justified. It should be remembered that the output will be found anyway.
How to share a mortgage loan when divorced
The most difficult question is the mortgage section. In the case of sufficient solvency of spouses, to fulfill its part of the loan agreement, the banking institution can divide the obligations and re-issuing separate contracts.
However, it will be necessary to officially confirm that each spouse has the ability to independently pay a credit amount.
Of course, such a decision is far from preferably the Bank itself, since the credit institution deprives himself guarantees - the responsibility of the co-coacher is eliminated and the renovative risk of non-payment occurs.
One output can be implementation of mortgage real estate followed by credit payments. But often such a decision is not in the interests of borrowers - the loss of property is conjugate with the duration of the implementation procedure.
If the compromises with the bank were not found, expect a new court. Since the law is deployed in these controversial issues, making a decision without a trial is excluded.
If there is a situation in which the spouses are co-coaches (in any loan), and after the termination of the marriage pays the credit amount only one, since the second does not participate in repayment of debt, it is possible to recover from a non-payment of payments to him. As another solution, the implementation and division of mortgage real estate is considered.
How is the property in divorce, if there is a minor child
If spouses who intend to terminate marriage, there are children who have not reached the age of majority, all the property purchased for such a child (clothing, textbooks, furniture, and so on) can not be subject to section, and the spouse is departed with whom the child will stay on the permanent Based. All property recorded on such a child belongs to him personally.
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