How to divide the property in a divorce: apartment, car, loans

If the family life does not develop catastrophically, then the divorce becomes the last resort. According to research, the stress of divorce, on the strength of its psychological trauma, stands in the next place after the death of a loved one.

No matter how deliberate and obvious the decision is, there will still be a lot of experience. After all, not only the usual emotional connection is torn, but the common material world that has developed over the years also has to be divided. To avoid additional fears and problems in this painful situation, let's talk about how the property is divided in a divorce.

This process is regulated by the Family Code of the Russian Federation, according to which the property that spouses have acquired in marriage is a joint property. In case of divorce, half gets a husband and half a wife if the court decision or marriage contract does not establish another.

What can be considered jointly acquired, and how is the property divided in divorce?

The Family Code says that common property is the following:

• Income of husband and wife from any kind of activity;
• Pensions and monetary compensation that do not have a special purpose (for example, disability payments and child support is already a designated purpose)
• Movable and immovable property acquired for joint incomes (here are furniture, cars, land, real estate, appliances, jewelry);
• Securities, cash deposits, share in business (only if it was created after the marriage).

It is not considered jointly acquired:

• Property and real estate acquired or received before the marriage registration;
• Real estate, which one of the spouses has formalized as a result of primary privatization;
• Property that one of the spouses received from a third person as a gift or by inheritance;
• Property that one of the spouses bought with the money that was available to him before the marriage (for example, if the spouse sold the painting that belonged to him before marriage and bought other property for these funds);
• Property that belongs to minor children (in this case it remains with the parent with whom the children live);
• Objects of individual use, except for jewelry and luxury goods.

How is the property divorced when one of the spouses did not work?

Even if one of the spouses did not have an independent income for any valid reasons (caring for children, housekeeping), then he still has the right to half of the total property.

How is the apartment divided in divorce?

If an apartment belongs to a jointly acquired property, then it is divided equally among the spouses, provided that the children are not part of the owners. But, if one of the spouses is left to live underage children, then, judicially, his share of ownership of the apartment can be increased.

If one spouse is the owner of an apartment, and another simply lives there, then after the divorce he must move out and change the place of registration, according to the Housing Code of the Russian Federation. If this does not happen voluntarily, then the owner can evict the former spouse from his apartment by court order.

The right to permanent residence has family members of the spouse who did not participate in the privatization of the apartment, but lived or were registered there at the time of privatization.

The most difficult situation is if minors live in an apartment, and the spouse with whom they stay does not have their own housing. Then the court can award a forced division of the apartment in favor of this spouse.

How do you divide loans in a divorce?

The court, first of all, determines for what purposes the loan was taken. If this was entirely done for the needs of the family, then the loan is recovered from the common property of both spouses. And if the loan was taken for the personal needs of one of the spouses, then the loan is paid by the one who issued it.

In any case, if you have any doubts as to how the property is divorced, it is better to ask the lawyer specifically about your situation. Fears of staying with anything after a divorce, or paying off a spouse's debts, can prove to be unfounded. There is always a way out, remember this.