Every year the number of divorced couples in the country is increasing, and most of them do not seek to tie the knot again.Even more young people in the country, is not seeking to be bound by all official relations.Regardless of the reason why people opt for a civil marriage, division of property acquired during the entire period of cohabitation is quite an important issue.
Property issues have become a stumbling block for many families, regardless of whether they are registered or not the marital relationship.But the division of property in a civil marriage meets a huge number of additional complexities that arise in the application of the legislation.The fact that divide all their belongings in official relations can be guided by the norms of family or civil codes, which are very clearly spelled out the whole procedure, and secured the rights of both spouses.While the section between civilian spouses has many pitfalls.
Thus, section marital property is governed by Article 10 of the Family Code.According to it, the property acquired during the marriage officially registered, to be divided equally between the spouses regardless of whose funds were used when it was purchased, or the name of one of the pair is recorded or registered.
property acquired in a civil marriage is not recognized as common property, and therefore, in these "spouses" legal consequences arise.In this case, the provisions of the Family Code does not, as a civil law relating to the common shared property, that is,such spouses are co-owners of the acquired property.
Stopping a civil marriage, the division of property can be made by identifying the shares in the acquired goods, signing the corresponding agreement.However, this option is only possible when the unconditional agreement between the former spouses civilians.If consensus is not possible, then the equity section of the property is necessary to resort to the court.
But even with reference to the court should be remembered that the specific answers to all the questions in the law no.In most cases, the judge in making decisions based on judicial practice in a similar situation which can in some way different from the situation addressed parties.If you terminate a civil marriage, the division of property is almost always takes place in accordance with the provisions of Article 252 of the Civil Code.
also need to adjudicate substantial evidence on joint participation in the acquisition of a particular type of property: sales receipt, soft spine, warranty card and so on. According to these documents is calculated share of the acquired benefits.
more difficult situation is when the object is a section property.As a rule, is strong family relationships, few people think about in whose name the apartment is decorated, or who pays for it the principal debt, but it can have a significant impact on the distribution of shares in the future.If the apartment was purchased for cash, to prove which of them was the property of one of the spouses is very difficult, especially if there are no supporting documents.
situation is a little easier with apartments or houses, purchased on credit.Even if the real estate and credit for her decorated only on one spouse, and the second actually pays its cost or part of the cost from his own pocket, the ability to prove ownership of the money than in the previous case.Spouses who actually repays the cost of an apartment, you need to keep the bank receipt, which should appear, when and by whom the payment was made.On this recording you can easily negotiate with the bank employees.
What would be an ideal and attractive may seem a civil marriage, division of property should be kept in mind as the worst development of the relationship and try to protect yourself and your money from the beginning.
