How property is divided in a divorce: apartment, car loans

If family life is sorely develops, it becomes a last resort divorce.According to studies, the stress of divorce on the strength of their psychological trauma is the next place after the death of a loved one.

matter how deliberate and clear any solution will still experience very much.It not only breaks the usual emotional connection, but there is a common share and the material world, which was built over the years.To avoid additional fears and concerns in this painful situation, let's talk about how property is divided in a divorce.

regulate this process by the Family Code of the Russian Federation, according to which the property which the spouses have acquired in a marriage, is a joint.During the divorce her husband gets half and half - his wife, if the decision of the court or the marriage contract does not establish other.

What can be regarded as jointly acquired, and how property is divided in a divorce?

Family Code says that common property is considered to be the following:

  • incomes of husband and wife from any kind of activity;
  • pensions and allowances, which do not have a purpose (for example, disability payments and child support - is already earmarked)
  • movable and immovable property acquired joint income (this includes furniture, cars, land, real estate, household appliances, jewelry);
  • securities, cash deposits, the share in the business (unless it was created after the marriage).

not considered to be jointly acquired:

  • estate and property derived from or obtained before registration of marriage;
  • property, which one of the spouses has issued in the property as a result of the primary privatization;
  • property that one spouse has received from a third party as a gift or inheritance;
  • property that one spouse purchased with funds that he had before the marriage (for example, if the spouse sold the painting, which belonged to it before the marriage, and these funds bought other property);
  • property which belongs to the minor children (in this case it remains with the parent with whom the children live);
  • items for personal use, except for jewelry and luxury goods.

How property is divided in a divorce if one spouse is not working?

Even if one of the spouses does not have an independent income for any valid reasons (child care, housekeeping), he still has the right to half of the total assets.

As apartment is divided in a divorce?

If the apartment belongs to the joint property, it is divided equally between the spouses, provided that the children are not part of the owners.But, if one of the spouses still live minor children, it is through the courts, its share ownership of an apartment can be increased.

If one spouse owns the apartments, and the other just live there, after the divorce he had to move out and change their place of registration, according to the Housing Code of the Russian Federation.If this does not happen voluntarily, then the owner can evict ex-husband out of his apartment by the court.

right to indefinite residence have family members the spouse who did not take part in the privatization of the apartment, but lived there or were registered at the time of privatization.

most difficult situation - if you live in a flat minor children and a spouse with whom they are, not have their own housing.The court may award the forced separation of apartment in favor of the spouse.

As loans are divided in a divorce?

Court, first of all, determines the purposes for which the loan was taken.If this was done entirely for family needs, the loan shall be recovered from the common property of both spouses.And if the loan was taken for personal use of a spouse, the loan pays the one who issued it.

In any case, if you have any doubts as property divided in a divorce, it is best to ask the lawyer about your specific situation.Fear of being left with nothing after a divorce or a spouse to pay debts, may prove unfounded.Output is always there, remember this.