When it becomes clear that the problem can not be resolved occurred in the family, sounds a word - divorce.This in itself recognition that collapses habitual way of life, causing stress Luda.And if we add here all the circumstances that led to this decision, you understand why the stress caused by divorce, equating to shocks from the loss of loved ones.
But be that as it may, the decision is made, and can only undergo the procedure, makes yesterday a husband and wife strangers.Well, if they managed to keep calm and peaceful relations.Then the subsequent division of joint property does not become more tragedy that could bring to a nervous breakdown.And if not?Then it is necessary to resort to the court many proceedings in which not excluded quarrels and scandals.
To make the division of property in a civilized manner, it is necessary to be clear about their rights and responsibilities.Well, if you are in marriage and the marriage contract was signed - this means that you do not have to worry - everythi
But if such a contract is not present, and the division of property is becoming a war, which in the course are even prohibited methods such as blackmail children?If the marriage contract provides for the possibility of the spouses to decide who and what property will belong in the case of divorce, that in its absence the rights and obligations of former spouses of property acquired or issued in the property during the marriage establishes the Family Code.
In accordance with the Family Code a divorce section shall be :
- property acquired by purchase and sale transactions during the marriage.It is considered joint property of spouses, regardless of in whose name it is acquired and purchased at whose expense, and no matter what kind of work carried out and what kind of activities involved in the couple at the time of purchase.Exceptions are cases when one of the spouses did not receive income from valid reason, if this circumstance will determine the court.The court also has the right to recognize the property acquired in marriage, private property of one of the spouses, if they were married, but in fact ceased to support marriage.
- property of each spouse can be recognized their joint property, if it is established that during the marriage at the expense of community property or the property of each spouse investments were made that significantly increase the cost of the property (capital repairs, reconstruction, improvement).
- Total assets of the spouses may be divided between the spouses their agreement.At the request of the spouses, their agreement on the division of common property can be notarized.
- In case of dispute the general division of property of the former spouses, as well as the determination of their interest in the property made by the courts.In the division of common property spouses court at the request determines what property is subject to transfer to each of the parties.If one spouse transferred property, whose value exceeds the share due to him, the other spouse corresponding monetary or other compensation may be awarded.
not be divided:
- Property acquired before the marriage, but drawn up during the marriage is considered to be the property of the spouse who paid for such property before marriage.
- Property received by the spouses and drawn gratuitous transaction belongs to the spouse to whom it is drawn up.
- owned spouse before marriage, is his personal property.
- Items purchased exclusively to meet the needs of minor children (clothing, shoes, school and sports equipment, musical instruments, children's library, etc.), shall not be divided and transferred, without compensation to the spouse with whom the children live.
- Contributions made by spouses at the expense of community property in the name of their common minor children, considered as belonging to these children and are not included in the division of common property of spouses.
law clearly defines the rights and obligations of former spouses.But the court has the right to withdraw from the beginning of the equality of spouses in their share of the common property in the interests of minor children.By the requirements of the common property of spouses Section spouses whose marriage has been dissolved, it is used a three-year statute of limitations.
Knowledge of the laws can solve many problems, so, before taking any steps, ask what about this law says.