consider the manner in which a section of marital property.
Married life is based not only on common interests spiritual and of great importance to have a marriage and financial aspects.Financial value of this alliance lies in the conduct of joint general economy based on property relations between husband and wife.Unfortunately, life can arise so that in some families there comes a time when, due to any reason the joint management of the economy is not possible.In such situations, division of common property - the right decision.
main reason for this is usually a divorce, but sometimes acquired share and unmarried couples that are allowed by law.
division of common property of married couple has two causes.Quite often people share the existing wealth in order to be able to enjoy their own share of those in their personal interests.Division of joint property and may be made at the request of creditors.This happens in cases where the property of the debtor of the credit is not enough to repay the debt on the loan.By the way, the latest version of the general section of the property is found in the practice of law more and more.
Russian Family Code provides for the likelihood of partition of marital property by mutual agreement.The peace agreement applies only to what has been jointly acquired during the existence of marriage.If a mutual agreement is reached, division of common property is considered by the court.
common property of spouses (articles of the Civil Code of Russia) is all that they have acquired during the joint family life.If marriage before signing the marriage contract was signed, the common property of husband and wife shall be calculated in the framework of this document.Unfortunately, these agreements are not well take root on Russian soil.To marry less often think about how to protect their rights in the event of divorce, completely surrendering only one feeling.While competently and in time made up a prenuptial agreement would help to make the division of marital property upon divorce less painful and less humiliating.
property which was purchased before marriage, received by one spouse as a gift or inheritance, belonging to minors, as well as personal belongings of the spouses shall not be divided.
The Russian Family Code says that all of the property, which was purchased by spouses during their life together, to be divided equally between them (unless, of course, was not concluded a marriage contract).The court has the right to deviate from the principle of equal shares for a number of purely objective factors: the division of the property into account the interests of children who have not attained the age of majority, or the interests of one of the spouses.If the husband and wife had a total debt, they are distributed in the division of property shares, respectively, obtained by the parties.
If one of the spouses during the division receives a property whose value is higher than the put him on the part of the law, the latter is entitled to monetary or other compensation.
division of common property at divorce - not such a simple task.Sometimes lawsuits bring a lot of mental suffering, and they usually end with the fact that those who once promised to be near each other in joy and trouble, are mortal enemies.That is why the procedure for the division of property is best carried out with the assistance of a competent lawyer who will help to avoid unnecessary humiliation and implement it as quickly as possible and according to the law.
