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How to divide the property Petrosyan and Stepanenko

The lawyer Vitaly Eremin specifically for told, that can qualify each spouse

First of all, learning about such information (submission Elena Stepanenko a claim for division of common property of spouses), we should understand that the court is, as we usually say, an extreme measure. Family code of the Russian Federation contains the following rule: "common property of spouses may be divided between the spouses according to their agreement. The agreement on the division of joint property acquired by spouses during marriage, shall be notarially certified" (paragraph 2 of article 38 of the RF IC).

Accordingly, the couple at any time have the right and possibility to conclude an agreement on the division of common property, to assure him of a notary and to break up the world. If an agreement is not obtained, go to court.

As for the composition of the assets subject to division, it is not so simple. Of course, half will divide not all. Thus, article 34 SK the Russian Federation refers to the property, acquired by marriage (i.e. the common property of the spouses), for example, the income of each spouse from employment or business activities. The common property of the spouses are also considered to be acquired through General revenues spouses movable and immovable things, securities, shares, deposits, shares in capital, brought in credit institutions or in other commercial organizations, and any property acquired by spouses during the marriage property regardless of the name of whom from spouses it is acquired or the name of someone or who of the spouses made cash.

Here the key concept is acquired during the marriage. Something that belonged to each spouse before marriage and was not acquired together (e.g., received by inheritance or gift), not divided, as it is considered the property of one spouse. However from this rule there are exceptions — in particular, if during the marriage at the expense of common property of spouses or property of each of spouses or work of one of the spouses was produced attachments, significantly increasing the cost of personal property (capital repairs, reconstruction, alteration etc), it admits a joint.

Not considered joint property and things of personal use (e.g. clothing or shoes), even if they are acquired during the marriage from the General funds. But the luxury under this definition are not covered — so, for example, jewelry, the court will divide the General procedure.

The court according to the rules of paragraph 2 of article 39 of the RF IC may derogate from equality of shares of spouses, if required by the interests of minor children or noteworthy interests of one of the spouses. Under the noteworthy interests of one of the spouses should, in particular, to understand not only cases where a spouse without a valid reason did not receive income or spent common property of spouses to the detriment of the family, but also cases where one of the spouses for health reasons or otherwise beyond the control of circumstances deprived of opportunity to earn income from employment (item 17 of the Resolution of Plenum of the Supreme Court of the Russian Federation of 05.11.1998 №15 "About application by courts of legislation when examining cases of divorce").

Also do not forget and about the General debts of spouses they also are divided proportionally awarded to the spouses shares.

The process of property division can last a long time, even approximate dates, it is difficult to determine. It all depends on the will of the parties — if they can agree, the case may end in 2-3 months, and if you start to analyze in detail all that is acquired over many years of marriage, including Cutlery, then the process may take more than a year.


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