Division of spouses' property in divorce

Not all people live happily ever after. According to statistics, 65% of Russian families diverge in the first year after registration, this figure reaches 85% within five to six years of living together. It turns out that people who managed to find mutual understanding and not to get divorced, only 15%. This figure, in comparison with other states, terribly frightens. After all, Russia is in the first place in terms of the number of divorces, which can be for various reasons. In most cases, people disperse because of alcohol and drug addiction, then - through the intervention of relatives, lack of understanding, the inability to have children.

But divorce, it turns out, is not so easy. Spouses can not take this step for many reasons, the most common of them is the reluctance to give or divide children. A division of property is in second place, here more than 30% of married couples can not leave each other alone for the reason that they do not want to give any values to the hands of the spouse. Once, loving people can not divorce because of fear of a new life.

In general, jointly acquired apartment, car, furniture and other things is extremely difficult to divide or give to another person, even if he is an ex-spouse. But still, there are families for whom the division of property does not represent a special "fight", everything is divided in half. But if the dispute and disagreements can not be avoided, then the court decides who to give those or other acquired values.

The division of property is a complex process, because sometimes one of the spouses can get a thing that at a cost is ahead of the equal share due to him. In this case, he (she) is obliged to pay monetary or other compensation to his spouse. Those things, contributions and values that were bought together for minor children, can not be divided. All of them will be transferred to that of the spouses who will continue to live with the children. This applies to the accommodation purchased for minor children.

Division of property of spouses who have long been living separately but have not legally registered a divorce will be considered by a court that can recognize that such separately acquired property is owned by each of the spouses.

Nevertheless, if this procedure is peaceful, that is, by agreement of both parties, then everything is much easier. In other words, the division of property passes as the spouses themselves agreed.

In case of judicial intervention, the division of property is calculated in equal shares, possibly, as already mentioned above, with compensation. But in some cases the court may deviate from the equality, proceeding from the following motives:

- following the interests of children. Most often there is a situation where after the divorce the children still remain with the mother. In this case, when dividing an apartment or other real estate, the forensic expert has the right to give up most of the mother;

- if one of the spouses for a disrespectful reason did not receive income, or spent these family things to the detriment.

The division of property between spouses is a responsible and long process that can be performed in several cases - during the marriage, after its dissolution, and can also be carried out if a certain creditor declares the division of this common property. This is manifested when a spousal is required. After the dissolution of a once-happy marriage, you can apply for a three-year division of property.

In order to implement this procedure, it is necessary for spouses to write an application to the appropriate authorities, where the following activities will be held. To begin with, bailiffs will find this most common property, conduct an independent assessment of it, and then begin the division. The presence of a competent lawyer speaks volumes, he will defend the interests of the spouse throughout the whole case.

The division of property is, albeit an unpleasant process, but still necessary. It is necessary to treat each other with respect, because once the former spouses were the happiest and loving people. And do not forget this.