Civil marriage: division of property

Every year the number of divorced couples in the country increases, and most of them do not seek to bind themselves by marriage again. Even more in the country are young people who do not tend to bind themselves at all with official relations. Regardless of why people choose a civil marriage, the division of property acquired over the entire period of cohabitation is quite an urgent issue.

Property issues become a stumbling block for many families, regardless of whether they are married or not. But the division of property in a civil marriage meets a huge number of additional difficulties that arise in the process of applying the norms of legislation. The fact is that you can divide everything acquired in official relations, guided by the rules of family or civil codes, in which the entire procedure is clearly prescribed and the rights of both spouses are fixed. While the section between civil spouses has many pitfalls.

Thus, the division of family property is regulated by Article 10 of the Family Code. In accordance with it, the property acquired during the period of officially registered marriage should be divided equally between the spouses, regardless of whose money was used to acquire it, or in the name of whom from the pair it was recorded or registered.

Property acquired in a civil marriage is not recognized as a common property, and, accordingly, such "spouses" do not have legal consequences. In this case, the provisions of the non-family code are applied, but only the civil law norms relating to the common share property, i.е. Such spouses become co-owners of the acquired property.

By terminating a civil marriage, the division of property can be effected by determining the shares in the acquired goods by concluding an appropriate agreement. However, such an option is possible only if an unconditional agreement is reached between former civil spouses. In the event that it is not possible to reach a consensus, it is necessary to resort to the section for shared property.

But even when applying to the court, it should be remembered that there are no specific answers to all emerging issues in the legislation. In most cases, the judge when deciding is based on judicial practice in a similar situation, which may differ in some ways from the situation of the parties involved. If a civil marriage is terminated, the division of property almost always occurs in accordance with the provisions of Article 252 of the Civil Code.

Also, to make a decision, you need substantial evidence of joint participation in the purchase of a particular type of property: a sales receipt, a soft root, a warranty card , etc. According to such documents, the share of the purchased goods is calculated.

The situation is more complicated when the object of the section is real estate. As a rule, while relations in the family are strong, few people think about whose name the apartment is issued or who pays for it the main debt, but this can have a significant impact on the distribution of shares in the future. If the apartment was purchased for cash, then to prove which part of them was the property of one of the spouses is very problematic, especially if there are no related documents.

A little easier is the situation with apartments or houses purchased on credit. Even if the real estate and the credit for it are registered only for one spouse, and the second actually pays its cost or part of the cost from its pocket, the opportunity to prove the ownership of money is higher than in the previous case. Spouse, who actually repays the cost of the apartment, it is necessary to keep bank receipts, on which should appear, by whom and when the payment was made. It is easy to agree on such a record with the bank's employees.

No matter how perfect and attractive civil marriage seems, the division of property should be borne in mind as the worst development of relations and try to protect yourself and your money from the very beginning.