Property of spouses during divorce

Property of spouses during divorce

The division of property can be carried out both during marriage and during or after divorce. This is a rather complex issue, which in practice contains many nuances and causes heated debate.

Grounds for dividing marital property during divorce

The basis is the demand of one of the spouses. Usually it is formalized through a statement of claim to the court.

Кроме того, настаивать на разделении может и третье лицо – кредитор. Происходит это, когда один из супругов имеет огромную задолженность, что просит реализации его части имущества в пользу долга.

Methods for dividing marital property upon divorce

There are several options for how the division will be made.

Conclusion of an agreement on the division of property of spouses during divorce

This is the name of an agreement drawn up by spouses by mutual consent. It states what property will be transferred to whom. The division of property can be carried out both for objects as a whole and in parts.

Experts advise that the agreement be concluded in writing and certified by a notary, although the law does not require this. The agreement can be combined with other agreements, for example, with a gift agreement, an exchange agreement, and so on. It is drawn up during family life, before or during the divorce process.

Division of property of spouses under a marriage contract

The marriage contract also regulates property issues. Unlike an agreement, in which the conditions for the division of property can be specified only after the fact, the contract can determine how values that have not yet been acquired will be divided.

When drawing up an agreement, spouses have the right to determine the regime of family property:

  • general;
  • partial;
  • separated.

The contract consists of a general agreement and is certified by a notary.

Division of common property through the court during divorce

This is the most undesirable option because it takes more time and effort. If the spouses could not agree peacefully, the judge will decide how to divide the property between them.

As judicial practice shows, the rule of equality of particles is taken into account. However, under significant circumstances the decision may be different. These include, for example:

  • a clear need to take into account the interests of minor children;
  • wastefulness of common property or lack of income without good reason on the part of one of the parties.

Division of common property of spouses upon divorce

Before dividing the property, you need to find out its market value. This applies to apartments, cars, and securities. Next, we will consider the features of separating different categories of property.

Real estate during division of property during divorce

This includes apartments and rooms, private houses, land plots, and non-residential premises.

There are several ways to divide real estate:

  • identify particles (for example, specific rooms) and continue to use the property in general mode;
  • physically separate parts: as a rule, this is practiced in private houses, the design of which allows such redevelopment;
  • buy out a share: one party receives the entire property, and the second receives monetary compensation for its part.

Separately, it is worth mentioning real estate purchased with a mortgage loan. The fact is that payments remaining at the time of separation can also be divided between the parties.

A compensation option is also possible. One of the spouses reimburses the other for his expenses for repaying the loan and remains the sole owner of the property, further making payments individually. This development of events is also typical for those cases where the mortgage was entered into during marriage, but part of the payments were made from the family budget.

The main thing is that all changes in the form of repayment of the remaining debt are possible only with the permission of the bank and, in some cases, making adjustments or re-signing the agreement.

There is another option for dividing a mortgaged apartment. You can sell it, give part of the money to the bank to fully repay the loan, and the remaining part will be divided between the ex-spouses.

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