Division of marital property upon divorce

Not all people live happily ever after.According to statistics, 65% of Russian families differ in the first year after registration, the figure is 85% for five or six years of marriage.It turns out that people who have managed to find common ground and not to divorce, only 15%.This figure compared to other countries, scary scary.After all, Russia ranks first in the number of divorces, which can be for different reasons.In most cases, people differ due to alcohol and drug abuse, and then - through the intervention of relatives, lack of understanding, inability to have children.

But divorce is not so easy.Spouses can not take this step, for many reasons, the most common of them - is the reluctance to give or share children.A section of the property is in second place, there are more than 30% of couples can not leave each other alone for the simple reason they do not want to give anything of value in the hands of a spouse.Once loving people can not get a divorce because of the fear of a new life.

Generally, jointly acquired apartment, car, furniture and other things is very difficult to divide or to give to another person, even if he - the former spouse.But still, there are families for whom the division of property does not constitute a special "fight" here everything is halved.But if the dispute and differences can not be avoided, then whom to give this or that acquired by value, decides to court.

division of property - is a complex process, because sometimes one spouse can get the thing that cost ahead due to him an equal share.In this case, he (she) is obliged to pay monetary or other compensation to her husband.Those things, contributions and values ‚Äč‚Äčthat were purchased together for minor children are not subject to division.All of them will be transferred to the spouse who will live with their children, and more.This also applies to residential premises, purchased for minor children.

division of marital property, which has long been living separately, but are not legally registered divorce, will be considered by the court, which can recognize what a separately acquired property owned by each spouse.

However, if this procedure takes place peacefully, ie, by agreement of both sides, everything is solved much easier.In other words, the division of property held as agreed spouses themselves.

In the case of judicial intervention, the division of property is charged in equal parts, probably, as already mentioned above, with the payment.But in some cases, the court may depart from equality, based on the following intentions:

- following the interests of the children.Most often there is a situation where the children after the divorce still remain with her mother.In this case, the separation of the apartment or other property, legal expert of the right to give most of the mother;

- if one of the spouses on the valid reason not to earn income or expended these things to the detriment of the family.

division of property between spouses - it is a responsible and long process that can be made in a few cases - during the marriage after its dissolution, and can be realized in the case of the statements by some creditor sharing of common property.This is evident when you need to foreclose on the share of a spouse.Upon termination of the once happy marriage can be in three years to file for property division.

To perform this procedure, you must write an application to the spouses of the relevant authorities, which will be held the following events.To start the bailiffs went out and brought it the most common property, conduct an independent evaluation, and only then proceed to the division.The presence of a competent lawyer says a lot, it will defend the interests of the wife throughout the case.

division of property - though unpleasant process, but nevertheless necessary.We need to respect each other, because when the former spouses were the happiest and most loving people.And do not forget that.