Instruction
1
The division acquired between the spouses, the court relies on equal rights between them. So initially divides the assets acquired or acquired during marriage in half. In this case the property is not divisible by the spouses in equal shares to their children, as it is considered by law that the children had not made it, therefore have no right to the property of their parents. However, under certain circumstances, the court may increase the share of the parent with whom the children are left after the divorce.
2
If real estate, car, firm, company and others were registered to one spouse, they are also divided between them in equal parts. As for the debts of the family, they will appear directly in proportion to the shares that were awarded to the spouses. That is how divided their belongings, also split and debts.
3
When the couple for some reason do not wish to divorce, but wanted to share acquired in the period of the marriage, their property will be divided in court in the same manner as in a divorce.
4
Not subject to section the property which belonged to one spouse before marriage. Or the fact that during the existence of marriage they were inherited, donated.
5
The division of property between people who were in a civil marriage does not fall under the legal framework of the rights and responsibilities of spouses as void such a marriage has not. In this case, their belongings will be divided on the principle of division of the disputed shares or property between friends, neighbors, relatives. Here the court will consider investments in the acquired property of both spouses civil. These investments in the division of property the plaintiff will be entitled to recover from the defendant.
Note
For the division of property that does not exceed the sum of 50 000 rubles, the couple in the marriage or divorce can apply with a claim to the magistrate. If the amount exceeds this figure, you should contact the district court at the place of residence of the defendant.
