If the husband and wife cannot reach an agreement during the division process, the judicial authority comes to the rescue. This article is about how the legal process of property division occurs.

How is property divided during divorce?

1. Divorce without division of property. Sometimes spouses decide to separate but take no action regarding the property. Most often, the reason for this is the reluctance to argue and sort things out, collect documents, and go through the authorities. But even if at the time of divorce the spouses agreed on the ownership and disposal of common property, this does not mean that conflicts will not arise in the future. Therefore, “leaving everything as is” is not the best option.
2. Reach an agreement. A more preferable option for husband and wife is to divide the property peacefully and put the agreement in writing. The spouses draw up an agreement on the division of property (clause 2 of article 38 of the Family Code of the Russian Federation). The notarized Agreement is mandatory.
3. Fulfill the terms of the marriage contract. If, before marriage or directly during marriage, the spouses entered into a marriage contract, the terms of which provided for the procedure for dividing acquired property, upon divorce these conditions must be met.
4. Go to court. Any disputes regarding the division of property can be resolved in court. Even if spouses have entered into a prenuptial agreement or an agreement on division of property, this does not deprive them of the right to go to court in the event of a dispute.

The procedure for dividing property through court

The procedure for dividing property is regulated by several legislative acts, including the Family Code of the Russian Federation, the Civil Code of the Russian Federation, and the Civil Procedure Code of the Russian Federation.

This procedure represents the allocation of the shares of the husband and wife from the common property acquired during the marriage.

The division of property can be carried out:

1. During marriage. Spouses can divide property at any time, including during marriage. Property acquired after division will be common property. If the spouses have divided the property and have actually stopped family life (they do not live together, do not run a joint household), they should take care of documentary evidence of personal ownership of all acquired property - otherwise it will be considered joint, and therefore will be subject to division in the event of a divorce ;
2. Simultaneously with the divorce process. In this case, two statements of claim (or one statement of claim with several claims) are submitted to the court simultaneously - for divorce and for division of property, which are considered simultaneously or one after the other.
3. After divorce. It happens that spouses have already divorced, but are in no hurry to divide everything that belongs to them. In this case, this property remains joint. You can divide it at any time, but you should remember the statute of limitations. Read more about this in the article "".

Filing a claim for division of property

To divide property in court, you need to file a statement of claim. It must contain all essential circumstances: personal and contact information of the spouses, information about marriage and divorce, a list of property acquired during marriage, as well as evidence that this property is personal or joint.

More information about drawing up a statement of claim (with a sample for downloading) can be found in the article “”.

A claim may be filed:

• At the place of residence of the defendant;
• At the location of the real estate or material assets that are the subject of the division;
• At the place of residence of the plaintiff, if minor children live with him.

If the cost of the claim exceeds 50 thousand rubles, the case will be considered by a city or district court. If the cost of the claim is less, you can go to the magistrate's court.

Documents to submit to court when dividing property

In addition to the statement of claim, the following documents must be submitted to the judicial authority:

• Certificate of marriage, divorce, birth of children;
• Property documents (agreements, certificates, receipts, checks, bank statements, cash receipt orders, technical documents, registration documents);
• Appraisal documents on the value of property;
• Power of attorney, if documents are submitted by an authorized person on behalf of the plaintiff;
• Receipt for payment of state duty.

What does the court take into account when considering a claim? Judgment

When considering claims for division of property, the court adheres to the following algorithm.

First, it determines which property is personal (not subject to division) and which is joint. Then it determines the shares of each spouse. By default, the shares are equal – joint property is divided equally. But if a marriage contract was concluded between the spouses, it may provide for other shares.

After this, the court divides the property according to shares. If the exact division cannot be completed, one of the spouses gets the majority of the property - but then he is obliged to pay monetary compensation to the other spouse. Debts of spouses are also subject to division in accordance with shares.

Sometimes the court deviates from the principle of equality of marital shares, even if there is no marriage contract. This happens extremely rarely. The basis for such a decision may be the presence of minor children remaining with the wife or husband. Or misuse of marital funds by one of the spouses during family life.

Settlement agreement

Until the court makes a final decision, the spouses can enter into a settlement agreement. They have the right to divide the property at their own discretion, not necessarily equally, as a court would do.

A settlement agreement is drawn up in the form of a written document, which has the force of a court decision and is therefore subject to mandatory execution.

But if, in the process of fulfilling the terms of the agreement, it turns out that it was concluded under the influence of threats or pressure, the court may declare it invalid and make a decision on the division of property at its discretion.

Issuance and entry into force of a court decision

After the consideration of the case is completed, the court retires to the conference room and makes a decision.

The court's decision will not necessarily comply with the claims. The court will divide the joint marital property according to the law (or according to the terms of the marriage contract).

Divorce results in ex-spouses having to decide how to divide what they acquired during their life together. And at least the following questions immediately arise:

In general, you can read more than one lecture on each of the listed issues. Many aspects are discussed in detail on the pages of the company’s website. In this article we will make a brief analysis of the main points of these problems.

The court resolves civil cases with the goal of establishing formal (rather than objective) truth. This means that the winner is the one who presents more significant evidence, who knows the law and the dynamics of the trial better, and not the one who is right “humanly” or evokes sympathy. This is the principle of adversarial behavior of the parties, established by Article 12 of the Code of Civil Procedure of the Russian Federation.

The division of property through the courts makes up the majority of the litigation cases of lawyers and family lawyers. The need to specialize in these cases and deal with them professionally is caused by the complexity and imperfection of both family and procedural legislation. Conflict, the very fact that people are “on opposite sides of the barricades” leads to the fact that the parties use mistakes and gaps in legislation to their advantage. A lawyer must know (predict) the nature and type of abuse, think through countermeasures, or also use inaccuracies in the laws in the interests of his client.

Family disputes are also characterized by the fact that former spouses take advantage of each other’s weaknesses, which they became aware of when there was mutual trust between them. We are talking about psychological influence on an opponent with the goal of saying too much “out of emotion” and making a mistake. This is another reason to seek help from a professional who relies on sound judgment and knowledge of the law.

A timely and correctly filed claim, painstaking work in court - this is what is needed for the result - a court decision in your favor

The division by mutual consent is formalized by a special transaction called an agreement on the division of property. Such an agreement can be concluded at any time after the divorce (in some cases, also before or upon dissolution of the marriage).

In addition to the above, it is worth noting another option for resolving property issues of spouses - by concluding a prenuptial agreement. This transaction can be concluded before the legal registration of divorce. A marriage contract has a number of advantages and disadvantages.

What happens if you don’t divide your property?​

Everything acquired during marriage has a special status - the common joint property of the spouses.

The law does not prohibit maintaining this property regime after a divorce. To simplify, we can say that until the division is made, the property remains common. The parties can file a claim or enter into an agreement on this property after a year, and after 5 and 10 years.

In 2019, however, it is advisable to take into account the following circumstances.

Firstly, after 3 years, one of the parties may declare that the statute of limitations has expired when filing a lawsuit with a demand to divide things.

Secondly, this form of ownership was developed specifically for the convenience of people living together, acting in everyday life by mutual consent and for the benefit of each other. Such co-owners are, as it were, at the same time full owners of things, and therefore each of them has an equal right to use (benefit), dispose of (let another person use it, pledge it, sell it) and own it. If you trust your ex-spouse or ex-wife, you can leave everything as it is and not share what you have acquired - until better times (option - until the relationship deteriorates or changes qualitatively in some other way). Many people are happy with this option.

But for many, uncertainty makes them feel uncomfortable and nervous. And it’s true, how can you remain indifferent if one day you unexpectedly meet the new wife (husband) of your ex-other half in your (but still shared) apartment! After all, the i’s are not dotted, which means that everyone does with the apartment what he sees fit (in our case, he moves in whoever he sees fit).

More information about the actions of our lawyers when conducting a case:

When conducting a case in court, we:

• We will understand the details of the case, assess the possible risks and advise you on the prospects of the case.
• We will draw up a statement of claim and a counterclaim (if you are the defendant), and provide explanations on the case.
• We will provide assistance in collecting evidence or collect it ourselves, secure the evidence, initiate an examination, alternative examination, or property assessment.
• We will submit documents to the court of appropriate jurisdiction, and speak in your defense at preliminary and court hearings on the merits in courts of all instances.
• Let us present objections regarding the argumentation and evidence of the opposing side.
• We will make sure that your position is properly reflected in the procedural documents.
• We will submit petitions and statements necessary to conduct the case and protect your interests.
• We will appeal court rulings made during the case if they violate your rights.
• We will receive a court decision, a writ of execution and transfer them to you, and we will carry out enforcement proceedings.
• If you have previously turned to an unqualified lawyer and the decision has already been made, but you are not satisfied with its content, we will appeal it to the court of appeal, cassation and supervisory authority.

The world section includes the following work:

• We will draw up a draft settlement agreement.
• Let's consider the already drawn up draft agreement, transactions and their options and provide recommendations on their signing/non-signing.
• We will register the transfer of rights to real estate in the state. authorities, we will receive certificates of title and pass them on to you.INUSTA

  Tax authorities, arbitration courts, MAP, a number of other government agencies. bodies are specific regulators in the implementation of entrepreneurship. Handling them requires knowledge of a large number of regulations and procedures. Our specialists have extensive experience in communicating with government data. authorities and will best represent your interests.

Not every marriage turns out to be happy. In some situations, contradictions arise between the couple, which ultimately lead to divorce.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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In some situations, the question arises of how property is divided. Typically, this procedure takes some time and requires knowledge of legal aspects.

Causes

If after the divorce process the former spouses do not have any claims against each other, then they may not share anything.

However, in cases where there is a disagreement regarding marital property (acquired during marriage), a division operation may be required.

There are different ways to divide property:

• through the court;
• by agreement;
• according to the marriage contract.

Law

Family legislation 2020, namely 34 art. The RF IC makes it clear that property acquired during marriage can be divided.

Article 39 of the RF IC states that when dividing property, the process itself is regulated by the principle of equality of husband and wife.

All issues related to the division of common property must be resolved within a 3-year period after the divorce.

What can be divided?

In accordance with family law, the following property can be divided after the breakdown of a marriage:

• real estate;
• securities;
• auto;
• furniture;
• jewelry;
• luxuries;
• fees, etc.

It is noteworthy that after the divorce process, ex-spouses can also divide debts.

The wife and husband have an equal right to property acquired during the marriage.

There are, however, a number of objects that cannot be divided. Thus, these include personal items of spouses, items belonging to their minor children and household items.

How is property divided?

Division of property is an operation associated with the allocation of shares of the wife and husband and the division of property purchased during marriage in accordance with these shares.

Between spouses

Property can be divided between husband and wife even when their marriage is not dissolved. In this situation, you can formalize the division of common property by drawing up a marriage contract or.

If a husband and wife have made a division of property and stopped cohabiting with each other and running a common household, then they will need evidence of personal ownership of the acquired property.

In the absence of such, the objects will already be considered, and in the event of a divorce they will be subject to division.

Joint property

• on division of property;
• about divorce.

Both of these claims will be considered together or in order.

After divorce

In some situations, spouses do not divide property upon divorce.

In this case, even after the divorce process, they retain the right to divide the common property.

If you have children

Property acquired for a child under 18 years of age remains with him after the division of property of his parents. Parents do not have the right to take away any part of their property from their child.

Likewise, the child himself also has no right of ownership of property belonging to his parents in the absence of their consent.

Loans and debts

In case of divorce, debts are also divided between husband and wife. They depend on the shares that the court assigns to the spouses. However, personal debts do not fall under this section.

Mortgage apartment

This document must contain the following information:

• information about husband and wife;
• data on marriage and divorce;
• list of objects purchased during marriage;
• evidence that the property belongs to the common.

State duty

When submitting documents to the court, you must pay a state fee. Its size depends on the value of the property claimed by one of the parties.

In some cases, the judge may establish a discrepancy in the data and invite the plaintiff to pay an additional portion of the state fee.

The court's decision

How does the court act in such matters:

1. Defines personal and general property among property.
2. Determines shares for each spouse. Initially, the shares are considered equal. But if there is a marriage contract, and it provides for other conditions, then the shares may not be assigned equally.
3. The court awards property to the spouses in accordance with the assigned shares. In most cases, there are indivisible objects that are awarded to one of the spouses, and he undertakes to pay compensation to the other.

Statute of limitations

Spouses are given a 3-year period to resolve issues related to the division of property.

Every couple who decides to divorce has to deal with the division of property. Few people manage to do this through a peaceful agreement. Many are forced to go to court. Each spouse in this situation needs to defend their rights, so it is advisable to use the services of a lawyer.

Division of property is possible not only during divorce, but also at any time of cohabitation. Sometimes it happens that a couple decides to separate and divide their property together, but does not want to file for divorce. In this case, you can simply divide the property.

If the parties cannot reach an amicable agreement, a claim should be filed in court.

By law, both husband and wife can expect to receive exactly 50% of the property, and it does not matter at all which of the couple earned more.

Even if the wife did not work at all, but only did housework, and the husband brought all the money into the family, she, like him, has the right to 50% of what was acquired over the years of the marriage. However, spouses can only divide what was purchased using funds from the family budget.

The following does not apply to joint property:

• gifted to one spouse;
• acquired before the official registration of marriage;
• inherited;
• acquired with the personal funds of only one spouse, for example, from the sale of his premarital property;
• received as a result of privatization from the municipality;
• received as a result of an equivalent exchange for premarital property.

But there may be exceptions here too. If one of the spouses has invested their personal funds or funds from the family budget in repairing the other spouse’s property (for example, an apartment, a car), and there is evidence of this, the citizen can claim a share in the ownership. However, it can be quite difficult to prove a significant improvement of a thing or real estate using common funds. Such evidence may include payment documents.

When initiating division through the court, spouses must understand that not only property is divided, but also loans and mortgages. All debts are also distributed equally.

This can be decided by the spouses themselves or by the court. It is advisable for the couple to come to one of the following options:

• sell all property and divide the money equally;
• distribute all items, including forks and knives, calculate the total value of what each spouse received and reimburse the missing amount to the one who had less.

Note!

The last option is the most optimal, since the property remains the property of one spouse. Even if they share only one apartment, it is easier to pay the partner compensation for his share.

If the husband and wife cannot reach an agreement and leave this issue to the discretion of the court, it will make a decision according to the law on the division of property in half. This means that in each apartment, car, and dacha, everyone will have a 50% share in the ownership, and everyone can use this property on an equal basis. This situation, unfortunately, occurs very often and actually causes a lot of inconvenience for both parties.

Joint property may include the following:

• real estate (houses, apartments, cottages);
• bank deposits;
• shares and securities;
• shares in the authorized capital of companies;
• things;
• cash;
• cars;
• land shares;
• income received from business and labor activities.

What documents are needed for the division of property?

In accordance with the law, in court, the spouse in whose name the property is not registered will need to prove that it was acquired during the marriage using joint funds. For example, if an apartment is being divided, the court will need to submit a purchase and sale agreement and a certificate of ownership.

Thus, to confirm the existence of any property, the court must submit the relevant papers. Depending on the type of property, such documents may be:

• sales and cash receipts;
• title papers;
• invoices, receipts, etc.;
• instructions and warranty cards;
• agreements for opening a bank account;
• savings books;
• extracts from the register of shareholders, certified by the holder of the register;
• financial statements of income.

Note!

The document submitted to the court must contain information about the property and be properly executed, that is, have legal force.

If the original document is lost or is in the possession of the other spouse and he refuses to produce it, you must obtain a duplicate before filing a lawsuit. To do this, you should write a corresponding application to the organization that issued the original.

If you suspect that one of the spouses has secret bank deposits, shares in business activities, shares and securities, you must submit a request to the court to conduct an appropriate check.

Information about bank deposits can only be provided upon a judicial request. The discovered property will be included in the section.

Preparing title documents, a lawsuit and a petition to search for property takes a lot of time and effort. In addition, to perform many tasks you need to have legal literacy. Therefore, we recommend contacting a lawyer.

Divorce through court with division of property

If the spouses decide not only to divide property, but also to divorce, legal proceedings become more complicated. In this case, the plaintiff must seek help from a qualified lawyer.

To file a claim in court, you must draw up an application for divorce and division of property. The package of documents includes a copy of it, a receipt for payment of the state duty, copies of passports, marriage and birth certificates.

This also includes a list of jointly acquired property: houses, apartments, land, funds spent on paying off loans or purchasing a car, etc.

If there is a marriage contract between the spouses, the division of property will proceed faster if neither party intends to dispute the document.

After all formalities have been completed, the claim is considered by the court. If the defendant objects to the divorce or does not agree with the proposed division or list of property, the meeting is postponed and the decision is delayed. To reduce the likelihood of such a development of events, the help of a lawyer is necessary.

An attorney can also help in defending the assessment of the value of the property if it is disputed by the other party. The most pressing issue during division is usually the issue of dividing the joint living space. If the spouses' property is taken on credit or a mortgage, loan payments must also be divided in equal shares. An important question is how many owners own the property.

Note!

Problems may arise if the spouses’ apartment according to documents belongs to a third party; it often happens that it is registered in the name of the parents. Accordingly, it is not subject to division in court.

State duty when dividing property through court

When filing a claim with the court, the state fee must be paid by the plaintiff for each claim separately for divorce and division of property.

Since the claim for the division of jointly acquired property relates to property, the price of the claim and the amount of the state duty will depend on the value of the disputed property. Usually one spouse claims half. In this case, the claim must indicate 50% of the price.

To calculate the cost of the claim, you need to know the value of the property. Valuation of property objects is required to determine the state duty. It will also be of interest to the court when making a decision and determining compensation for property.

To make the value assessment more convincing to the court, it is advisable to present at the meeting an appraisal report drawn up by a specialized appraisal organization.

The plaintiff may value less valuable movable property at his discretion based on average market prices. However, you need to take into account the initial cost of things, service life, and wear and tear.

According to Art. 333.19 of the Tax Code of the Russian Federation, the state duty is calculated based on the price of the claim for division of property as follows:

• the value of the property is less than 20 thousand rubles. 4% of the claim price, but not less than 400 rubles;
• cost from 20 to 100 thousand rubles. 800 rub. plus 3% of the amount exceeding 20 thousand rubles;
• cost from 100 to 200 thousand rubles. 3.2 thousand rubles. and 2% of the amount exceeding 100 thousand rubles. ;
• cost from 100 thousand rubles. up to 1 million rubles 5.2 thousand rubles. and 1% of the amount exceeding 200 thousand rubles;
• at a cost of over 1 million rubles. The state duty will be 13.2 thousand rubles. and 0.5% of the amount exceeding 1 million rubles, but not more than 60 thousand rubles.

Note!

The state fee for cases of division of property can range from 400 rubles. up to 60 thousand rubles. depending on the cost of the claim.

The price of the claim must be indicated by the plaintiff in the application. When the calculated amount of the state fee has been paid, attach a receipt to the claim. Remember that you must deposit money using the details received from the office of the court where the claim is filed.

A qualified lawyer will help you correctly evaluate the property, calculate how much to pay for the state duty, and draw up a statement of claim in court. You should not neglect the services of a specialist when living space and significant funds are at stake.

Alas, the statistics are inexorable. For every marriage, there are two divorces. Perhaps morals have become simpler, perhaps the pace of life has accelerated, making it increasingly difficult to discern “your” person. Many people treat the official dissolution of a relationship as a normal phenomenon. What is not normal is to be left without a penny in your pocket after marriage. Even married women, just preparing to assume the status of wife, want to know in advance how to protect themselves in the event of a divorce? How to receive the required compensation?

Of course, everyone's situation is different. You may have found out that . Perhaps the feelings have simply faded away. Perhaps you didn't follow. It is much more important that in a critical situation you know what to do first, react quickly and under no circumstances stand by while your ex-betrothed tries to saw off a fat chunk of the jointly acquired property.

General rules

To begin with, lawyers advise immediately outlining in abstracts all the things and property that your family has. Follow this simple reminder about what not to share:

• property that the spouse received by inheritance (and did not re-register in your name);
• property that the spouse received free of charge through a gift or privatized;
• premarital property.

But all property, real estate, things, etc., that were acquired, when were you married, equally you too, and to your now ex-husband. However, of course, if everything were so simple, then the news would not be constantly shaken by high-profile divorce proceedings, and lawyers for them would be absent, as a matter of fact.

Real estate purchased with funds before marriage

Let's imagine a hypothetical situation. You lived in Moscow, moved to St. Petersburg to join your fiancé. You had nowhere to live or didn’t have enough to buy a new apartment. You sold your one-room apartment in the capital and bought a two-room apartment in a new city. Formally, real estate was purchased using funds already common in the marriage. In fact, this is simply absurd. But, as life practice has shown, enough husbands and wives try to claim such an apartment during a divorce.

What to do in this situation: even if you are neatly blown away by love, even if you firmly believe that you have a union once and for all, do not lose the documents that will confirm that the apartment was purchased with pre-marital funds. Alas, alliances are collapsing everywhere, as proven by the example of the USSR. It is advisable to keep the papers in a place that your spouse does not know about.

Clearly understand that his threats in such a situation are nothing. The system is not that stupid. She does not mean thoughtlessly all the purchases made since the marriage was registered, but those funds that can be considered common. If you bought real estate with your own money, and you can prove it, the court will not deprive you.

But what if the investments are unequal?

Let's expand on the real estate situation. Let's say you invested 10 million to buy a new apartment in St. Petersburg, and your husband invested 5 million. It seems that the money was contributed by both spouses. This means that after the court’s decision, exactly half goes to the ex, which, naturally, is unfair.

What to do in this situation: similar advice - have evidence about financial status and investments. If you have such papers, the court will divide the house in proportion to who deserves what.

Employment issue

The situation will be very difficult if you do not work or work but earn less than your spouse, but at the same time you have children. On the one hand, the husband can really formulate in court the majority of the property for himself, saying that all these years he did not spare his health and earned money. On the other hand, isn’t raising children around the clock hard work?

What to do in this situation: Now there will be unpleasant and even, perhaps, strange advice for our latitudes - enter into a marriage contract. This is the only option to get your share of the funds 100%. Yes, this kind of practice is still perceived with hostility in Russia and the CIS countries, but its popularity is growing. And if you initially think that one spouse works and the other raises, then it is better to divide the property on paper, after seeing how much your spouse evaluates the situation.

The husband registered the house in the name of his brother/friend

Unpleasant situation. After all, quite often greedy men, trying to leave their ex-wives with nothing, get involved in unpleasant stories even before the divorce. For example, they transfer an apartment and a car to their brother. A woman in this situation may not know anything at all. And then it turns out that the relative’s business was going through bad times, the property was sold under the hammer to pay creditors. The family was left without housing or means of transportation. As they say, he didn’t take it himself and didn’t give it to others.

What to do in this situation: Avoid intermediaries. Make sure that the spouse did not contact them. After all, many people do this without knowing what is described in the first paragraphs - having documents for premarital property, nothing threatens you.

Bypassing inheritance

In most cases, if your husband inherited an apartment from his grandmother, you are not entitled to even a meter of it. But in reality, quite often you equip this nest, work in two jobs to provide suspended ceilings, panoramic windows, and a fireplace in the middle of the room. During a divorce, the husband does not agree to give up part of the funds, they say, the inheritance cannot be trampled against the law.

What to do in this situation: no matter how you trample. There is such a wording as “ significant improvements" Thanks to them, the market value of your own apartment can skyrocket. If you prove the fact of your investment in repairs, the court will entitle you to a certain part of the housing. Save the evidence. For example, checks for building materials that you paid with your card.

How to sell a share?

For example, you and your spouse lived in a one-room apartment. Then the divorce happened. The property was divided into two equal shares. But you still have to live with this person under the same roof. Reasons - having sold his share, your ex will not be able to buy a new apartment. He also doesn’t have the means to buy your share. The situation is stalemate.

What to do: Discuss options in advance, even before the divorce. Sign the same marriage contract. It is worth noting that one piece of paper can make any divorce easier and save you from the headache of division. The contract can indicate that the apartment goes to one of the spouses, but the other receives equal compensation for it. In the end, the only option left is to simply take out a loan.

Sale of common real estate or other property

Let's say you thought you were smarter than everyone else and sold the car they shared in secret from your husband when things were heading towards divorce. The action is understandable, but stupid. Ex-husband in court has the right to lodge a protest, and it is likely that he will be awarded compensation from the sale.

What to do in this situation: When selling any property on your own while you are married, you need to get written permission other half. No matter how much he makes fun of you and is offended, this decision can save you during a divorce. Otherwise, any transaction can be protested.

If we talk about real estate, everything is quite simple. In principle, any acts of sale and purchase are accompanied by notarized consent of the spouse A. With cars everything is thinner. Essentially, the highway authorities don't care whether the husband or wife knows about the deal. It’s unpleasant if a similar situation happens to you, and you find out that a man behind your back is trying to “sell” a new SUV, which is very, very expensive.

Before the transaction, you need to submit an official document to the person who is going to buy the car, which did not give consent to the transaction. Believe me, very few people will want to get involved in further legal proceedings and wait for a court decision. Therefore, the buyer will terminate the transaction.

After the transaction, file a claim in court for the division of jointly acquired property. Be sure to include a car in the list. During inspections by judicial authorities, the deal will come to light. As a result, the ex must or compensate you with other property, or pay your share.

Loans are also shared

Let's say you live with your husband, live. And then you decide to buy a washing machine. Or fly on vacation to the sea. Or something else like that. You don’t have much money, so you decide to take out a loan. For some reason, you are registering it for yourself. As a result, after a divorce, your spouse will probably be out of work, and you will still be out of work for a long time You will pay the interest yourself.

What to do in this situation: common obligations must also be shared. But in court it is important to prove that the loan was issued for general family needs, and that the second person even knew about the debt. This is difficult to do in practice. A lawyer will help, as well as a timely discussion with the bank of the situation. Involve him as a third party at the meeting. The institution must understand that you are probably less likely to receive payments from one person than from two people. Be sure to indicate your husband as a guarantor.

Mortgage and its problems

How many families have not broken up... why would you think? Feelings? Children? No, the all-powerful mortgage. When the wife estimates that she still has 10 years to pay for housing, her husband’s shortcomings immediately seem not so critical. It is fundamentally the wrong approach to tolerate a person who disgusts you.

Every time lawyers say that you need to study the documents before signing. This is especially true for such large-scale transactions. Therefore, delve into the theoretical part. Mortgage is being processed today according to one of 2 schemes. In the first case, the husband and wife are co-borrowers. In the second, there is one borrower, and the second acts as a guarantor. If you are co-borrowers, even after a divorce, your husband will have to regularly pay his share. If you are a borrower and your spouse is a guarantor, formally, you have to pay.

What to do in this situation: renew the loan agreement while still married or during a divorce. Provide proof of the person’s solvency to the bank. Your husband may not be happy with this turn, but you can challenge the agreement in court, like any obligations regarding property. With the court decision, contact the bank again. By the way, you can discuss the option with the employees selling housing and paying off debt. Nowadays, during divorces, banks often make such deals.

A little more about the need to conclude a marriage contract

The mentality of our people is such that if love is to the grave, if marriage is to the point of gray hair. Hence a lot of problems and ugly situations in the end. In the West, the marriage contract has become an integral part of life together. Perhaps there is a cold calculation in this, but the divorce procedure does not become all the circles of hell. If your spouse loves you, then he will treat such a request normally, because he is not going to get a divorce anyway. In general, we will talk about all the intricacies of drawing up such a document in future articles.

As a conclusion, we can say that it is better to agree on the division of property before the divorce. Don’t be lazy to save any evidence in your favor, be it checks or certificates. If you are going to sell something, get your spouse's approval (in writing). If your husband takes similar actions without your consent, challenge the deal. Don't be afraid to argue about loans and mortgages either. And then you will leave the marriage painlessly and in your favor. Moreover, you will probably maintain a normal relationship with your ex, and will consider