Nobody will argue that divorce is a very unpleasant process, and if it is accompanied by a section of jointly acquired property – then the double is unpleasant.The division of property is rather complicated procedure, which requires knowledge of many nuances of constantly changing family legislation. Therefore, if you are hoping for a positive outcome, it is best to seek the help of a professional family lawyer. And in order to prepare for the trial, you can ask questions to a lawyer online. The best of Separation Agreement options are now available.
What are the ways to divide the property?
- According to the current family law, there are three ways to divide jointly acquired property – by mutual consent, in court and on the basis of a marriage contract.
- The agreement on the division of property is concluded if the former spouses have no disagreements about the property. Only the agreement certified by a notary is valid.
- The division of property in a judicial procedure occurs in disputable cases, when the former spouses cannot agree among themselves.
- The marriage contract, executed at the notary by all the rules, allows you to divide the property without going to court.
What property is subject to division?
According to Article 34, the section is subject to joint ownership of spouses, including:
- movable and immovable property
- income from labor, intellectual and entrepreneurial activities
- salaries, fees, pensions and other cash payments
At the same time, it does not matter at all on whom the property is registered and in whose name the money is contributed – the spouses have equal rights to all property. However, not all the property of the former couple is subject to divorce. For the best Power of Attorney Form this is important now.
What property is not subject to division?
The division of the divorce is not subject to personal property of the spouses (with the exception of jewelry). From the legal point of view, personal property is considered to be: clothing, personal belongings, etc., as well as property that belonged to them before marriage, or inherited or accepted as a gift during marriage.
The property bought by under-age children (clothes, toys, gadgets, computers, etc.) remains the parent with whom the child will live.
How do you divide credit debts in a divorce?
If one of the spouses has taken a loan for his own name of the thing in his own use, then after the divorce the contract remains with him. The same applies to credit card debts.There are two main problems. First, a mortgage is a very expensive loan, which is paid out for many years. Secondly – most often an apartment is purchased for both spouses, so after the divorce, the loan must be divided between the spouses. For the perfect Legal Forms you need to be careful now.
Typically, the court shares the share of the loan between the spouses in proportion to the shares in this apartment. The same rule applies to electronics, household appliances and other property that was purchased on credit for joint use by spouses.