How is property divided during divorce?

Property division

Property acquired during family life is considered community property and upon divorce is subject to division by spouses in equal shares. Whether the wife works or not does not matter. Even if she did not bring income to the family, she was involved in housekeeping and raising minor children (if any).

The court may take the husband's side if it is proven that the wife used common funds to the detriment of the family, skipping them, drinking, etc.

If the spouses have entered into a marriage contract, which stipulates property issues in the event of divorce. If the agreement states that the owner of property acquired during marriage with funds earned by the husband is himself, the wife will not be able to lay claim to such property.

Property subject to division

Subject to section:

• funds received from entrepreneurial/labor/intellectual activity;
• real estate;
• movable property: household appliances, furniture, interior items, cars, etc.; securities;
• jewelry and luxury items (furs, fur coats);
• bank deposits;
• debentures;
• shares in commercial organizations.

The main condition is that all these things must be purchased by the spouses during the period of their official marriage.

In the case where a spouse acquired property before the marriage was registered, but the second spouse, using common or personal savings, improved the property and significantly increased its value, it may be recognized as joint property.

Nuances of property division

For example , a citizen decided to sell a “pre-marital” apartment, of which he is the owner, and purchase a new one. Moreover, the purchase and sale transaction is carried out already at the time of marriage. It seems that the money received after the sale is considered his, and the living space purchased for it is also his.

According to the law, as soon as the owner completes the sale of the “premarital” home and purchases a new one, it will automatically be considered jointly acquired. Accordingly, when citizens decide to disperse, the living space will be divided 50/50 . If the former owner cannot prove to the court that the other party did not invest in any way in the acquisition and further improvement of the housing.

Children

The rights of minors are zealously protected by the guardianship service. During divorce proceedings, the court will decide with whom the minors will live. The other parent will be required to pay child support. The parties can come to an agreement peacefully without making show scenes. It doesn’t matter who the child ends up with, the other half (even the mother) will be obliged to help.

Who worked

When two people come together, they run a household together. According to the law, their rights are the same. It doesn’t matter who invested more material wealth and earned more money. This is fair, because after the birth of a child, a woman has to spend several years on maternity leave. Some spouses themselves ask their wives to stay at home, maintaining the “hearth.”

Therefore, the claims of the participants regarding the duration of work, the amount of income and the level of investments are considered insignificant when dividing property. Even a wife who never works has the right to receive half of the property acquired jointly.

When personal property becomes common property

Property acquired by a citizen before marriage will be joint if it was changed/updated/modified/repaired using common funds before the divorce.

For example, a residential building was renovated: a second floor was built, the first was expanded by adding a couple of rooms, and the roof was updated. Or the car’s engine and chassis were replaced, wheels were purchased, and it was painted.

Any large-scale changes will transform personal property into common property.

Legal disputes regarding this aspect can be lengthy. The judge needs to identify the line that determines the degree of change in the subject. When it is considered significant, requiring large expenses. And which side made more investments. Documents will help here. If the owner keeps checks, receipts, and invoices, this will help him confirm the significance of the expenses incurred. In addition, the court may initiate an appraisal examination.

Property that is not common

When deciding what constitutes jointly acquired property, the court excludes from consideration the following types of material assets:

• immovable and movable objects that citizens had before marriage;
• gifts and valuables received as inheritance;
• intellectual property rights;
• personal items.

The latter category does not include luxury items and jewelry. For example, a wife will not be able to prove to the court that a collection of diamonds and a black llama fur coat are items of her personal use.

How can property be divided?

There are 3 options for dividing property:

1. Through an oral agreement, if the husband and wife have no claims or questions regarding the composition, division and order of use of things.
2. The parties entered into a marriage contract before marriage or during marriage, in which they determined the procedure for disposing of movable and immovable property.
3. The parties signed the separation agreement and certified it by a notary.
4. One of the spouses filed a claim in court (if the value of the claim is up to 50,000 rubles - in the world court; if more - in the district court).

There is another option for dividing property, but it is of a forced nature - at the request of creditors to foreclose on the property for the debts of the husband/wife.

What property is considered personal?

The personal property of each spouse is:

• property acquired before marriage;
• property received by inheritance;
• present;
• things intended for individual use;
• intellectual property right.

At the same time, expensive items, even if they are used only by one of the spouses, are not considered personal. For example, an expensive antique necklace, unless it was inherited or given as a gift, will be considered joint property in the event of division, and not a personal item belonging only to the wife. At the same time, a simple piece of jewelry purchased with joint money will be recognized as personal.

What is shared

During a divorce, only jointly acquired property can be divided, namely:

• real estate acquired during marriage;
• bank deposits, securities (except those held by spouses before marriage);
• other movable and immovable property.

In this case, it does not matter which spouse contributed and how much to the family budget; both have the rights to half of the joint property if they decide to divorce and divide it.

What cannot be divided

Personal property of spouses is not subject to division, namely:

• acquired before marriage;
• purchased with the personal funds of one of the spouses;
• received as a gift or inherited;
• personal belongings (except for particularly expensive property, such as antiques, ancient jewelry, etc.).

There is an exception to this rule: if personal property during the marriage was significantly improved by joint funds or personal money of the second spouse, it becomes joint property and is subject to division.

For example, a spouse had an apartment that she bought before marriage. But during the period of their marriage, at the expense of the husband’s personal funds, the living space was overhauled, and its value doubled. In this case, the property ceases to be personal property and is considered joint property.

What property cannot be divided between spouses?

• Real estate that was purchased before marriage or after divorce is considered the personal property of one of the spouses. If during the marriage common money was invested in this apartment or house (due to which the market price of housing has increased significantly), then the object can be divided in court between the spouses.
• You cannot divide real estate that was given to one of the spouses or that was inherited.
• In addition, if the spouses did not actually live together, but were legally registered as husband and wife, then the court may recognize the housing as the personal property of the spouse who bought it with his own money.

Section order

In accordance with the IC, spouses can divide joint property in two ways:

• by concluding a voluntary separation agreement;
• judicially.

If the ex-husband and wife are able to solve the problem of division peacefully, then they can draw up a voluntary agreement. They can sign such a document both during any period of marriage and after its dissolution.

Marriage contract

In the Russian Federation, concluding a marriage contract is currently a rare occurrence. Mostly successful businessmen resort to it to protect their business in case of divorce. The contract can be concluded both before marriage and during the marital relationship, but until the divorce procedure has begun.

In it, the signatories stipulate the procedure for dividing property in the event of divorce and partition, and the procedure for dividing can be stipulated not only for existing property, but also for property intended for acquisition.

A conflict-free solution - an amicable agreement between the spouses

If both parties agree to an out-of-court settlement of the issue and there is no conflict between them, then they enter into a corresponding written document (a settlement agreement on the division of property), in which they indicate the shares of each party and notarize it. If the agreement is left in simple written form, it will not have legal force. Such a document will not work anywhere, including in court. Since December 29, 2015, Federal Law No. 391-FZ has established that it must be notarized.

Through the court

If, however, the former spouses cannot independently agree on who takes what things, then the matter comes to court. When resolving a conflict in court, the court initially determines the composition of the property suitable for division, and then allocates a part of each spouse.

But if one of the parties receives property, the price of which significantly exceeds its legal share, then the court may oblige this party to pay the former spouse material compensation (compensation) in cash or other form.

Example : At the time of marriage, the husband bought a rare painting by a famous artist, which cost more than 1,500,000 rubles. The wife was not against the transfer of this property to her ex-husband, provided that the court ordered him to pay compensation to his ex-wife in the amount of 200,000 rubles.

Required documents

In order for the court to accept the claim for consideration, the applicant must provide the court with a certain package of documents, namely:

1. Statement of claim in several copies. The number of copies depends on the number of parties to the process.
2. Certificate of marriage and its dissolution, if a divorce has already occurred.
3. Title documents for all property proposed for division.
4. If there are minor children, a birth certificate for each child.
5. Receipt for payment of state duty.

All documents, except the receipt, are submitted in copies; the plaintiff must bring the originals to the trial for the court’s review.

Statement of claim

In the statement of claim, the plaintiff provides the following information:

1. The name and address of the court to which he is applying.
2. Data on all sides of the process.
3. The price of the claim.
4. A list of all items expected to be included in the section with a detailed description of each of them.
5. List of articles and laws to which the plaintiff refers in his claims.
6. Requirements for the division of joint property.
7. A numbered list of all attached documents.

Compilation

Only a few couples are able to maintain a good relationship after a divorce. It is much easier and faster for spouses to come to an agreement peacefully, and besides, the chance of equally dividing what they have acquired together is much higher.

After all, the court, after assessing the property of the spouses, most often makes a decision to divide the property 50/50, despite the income of each party and other factors.

If the divorce was made through the court, this is not a reason for dividing the property acquired in the barge in court.

There is only one way to divide property after divorce - an agreement. Until 2020, it was not necessary to have such a document certified by a notary, but remained the free right of husband and wife.

In December 2020, the President of the Russian Federation signed a corresponding decree that such a document must be notarized for the legal purity of the decision.

Contacting a notary is not free, but it has a number of advantages:

1. The notary controls the legality of the transaction between husband and wife. He carefully analyzes all documents, checks the legal capacity of the parties and takes measures aimed at maintaining a balance of interests between spouses.
2. The notarized certificate present on the agreement on the division of property cannot be challenged. Such a document is absolutely legal, and there will be no claims from the court.
3. In case of division of real estate, the notary may request or submit all documentation to Rosreestr for registration of property rights.

You may be interested in an article about the division of property without divorce.
Read the article on the statute of limitations for the division of property acquired during marriage after divorce here.

Features of the division of different types of joint property

Different types and types of property are divided differently. The procedure for dividing a vehicle and a land plot or an apartment and a country house cannot be the same, since these types of property are different.

Let's look at how some of the most common ones are divided.

How is maternity capital divided?

The husband has no right to maternity capital funds; these are targeted payments that belong only to the wife.

But if the spouses invested MK in the purchase of residential premises, then there are several nuances during the division, namely:

1. If only MK funds were invested in the purchase of housing, then during a divorce it is transferred to the wife, since the husband has nothing to do with the maternal certificate.
2. If the spouses used the MK to pay off the mortgage, or as a first payment for the mortgage, but at the time of the divorce the loan had already been repaid, then when dividing, the amount of the invested MK and the share of the apartment (or house) attributable to This amount is entirely transferred to the wife. The remainder of the property is divided equally. As a result, the husband receives a share of the apartment, which is worth less than the wife by the amount of MK.
3. The capital was invested as a down payment on a mortgage that was not paid off at the time of the divorce. This is the most difficult version of the section. In any case, that part of the living space that corresponds in value to the amount of MK has already been paid, it is completely transferred to the wife and children. Next, a complex calculation is made. The part of the apartment for which the mortgage has already been repaid is divided equally, leaving a share corresponding in value to the unpaid mortgage. Here the court proceeds as follows: part of the property, corresponding in value to the outstanding part of the loan, is transferred to the spouse who will repay the balance of the mortgage.

Be sure to read it! Can bailiffs seize child support?

For example, a married couple bought a two-room apartment worth two million 400 thousand rubles. Of this, they invested 400 thousand from MK funds, and took out a mortgage loan for the rest. A few years later, the couple divorced. At the time of the divorce, only half of the loan was repaid.

The division took place as follows: a share corresponding to 400 tr. was transferred to the wife, a share equal to the repaid amount of one million rubles was divided equally between the spouses, and a part corresponding in value to the million rubles outstanding on the mortgage was transferred to the husband, in whose name the mortgage was issued.

As a result, the wife received a share equal to (450 rubles + 500 rubles) 900,000 rubles, and the husband received a share of residential premises equal to (500 rubles + 1 million rubles) one and a half million rubles.

How are loans divided?

All loan obligations can be divided into personal (loan funds were used for personal purposes and repaid from personal funds) and joint. The second option is the most common. The division of the outstanding loan depends on many factors, such as:

1. The husband became the guarantor for the wife’s loan (or vice versa), and the loan was used for general needs. Such a loan is divided equally, that is, both husband and wife are equally responsible for its repayment.
2. The husband (or wife) is the owner of the credit card on which there is debt. The second spouse does not bear any responsibility for servicing the card and paying off the debt.
3. One of the spouses took out a consumer loan for personal needs, for example, to buy a telephone. The obligation to repay the loan does not apply to the second spouse.

Thus, only those loans that were issued for the purchase of joint property are subject to division, and if this property is transferred to one of the spouses, then the second is released from the obligation to service the loan. Moreover, he may demand half of the funds already spent on repaying the loan.

Before the procedure for dividing joint property and loan obligations, it is advisable to find out a few more important points:

1. Clarify the terms of the loan agreement. Pay special attention to those points where the borrower and guarantor are indicated and how the bank intends to solve problems with delays in loan payments. If, for example, the husband is listed as a guarantor for his wife’s loan, then in cases where she is unable to service the debt for some reason, the husband will have to pay it as the guarantor.
2. It is also necessary to clarify for which purchase the loan agreement was drawn up. If borrowed funds were spent on acquiring joint property, then the spouses will have to repay it jointly. If the money was used to purchase personal property, then the balance of the loan will be repaid by the spouse for whom the borrowed funds were intended.

If the apartment is one-room

In fact, it is impossible to divide a one-room apartment into two; living together after a divorce is also unlikely; several division options remain:

1. The property is transferred to one spouse, the second in return receives other joint property equal in value to the living space. For example, the wife gets an apartment, and the husband gets a car.
2. Sale of residential premises and division of funds received in accordance with shares.

Privatized apartment

The division of an apartment purchased during marriage and one privatized during the same period are significantly different. In the first option, the legislation does not see any difference - the living space is registered for one spouse or for both; in any case, it is divided equally. But if the residential premises were privatized for one spouse, then during the division the second has no right to it.

In such a situation, he may lose any opportunity to even use the residential premises if, for example, his registration in the residential premises has expired (with temporary registration).

Mortgage

As a rule, a mortgage on an apartment is issued in the name of one of the spouses (the one who takes out the mortgage loan). Of course, both participate in repaying the mortgage, so each of the married couple has the right to a share in the residential premises, but this is much more difficult to realize.

Most often, ex-spouses try to re-issue a loan for both of them, but banks are not always willing to undertake such a procedure, especially if the second spouse has a low income.

You can simplify the division of such a property if you take care of it in advance. There are two options:

1. Conclude a marriage contract.
2. Sign a special agreement with the bank, where the parties will prescribe the procedure for division and payments under the loan agreement in the event of divorce and division of property.

Vehicle (VV)

A car is considered indivisible property, since it is actually impossible to divide it. There are several section options:

• the car is transferred into the ownership of one, the second in return receives monetary compensation in the amount of half the cost of the vehicle;
• similarly, the car is transferred to one spouse, and the second receives other property, the value of which is equal to the price of the car;
• The vehicle is sold, the proceeds are divided;
• the car is transferred to a third party, for example, an adult joint child or another family member.

Earth

The land plot is divided in the same way as any other joint property - equally. But there are many nuances when dividing land.

How to divide indivisible things

It often happens that common property includes things that spouses want to keep for themselves. In such situations, the court acts in the following order:

• Former spouses are invited to determine for themselves who will get this item. Further: the parties determine the value by mutual agreement or on the basis of the appraiser’s conclusion (if there is no agreement);
• the court, based on the price, assigns monetary compensation to the spouse left without the property from the funds of the other spouse.

For example , spouses cannot share a car. The court found that the ex-wife does not have a driver's license and for health reasons cannot drive a vehicle. While the other spouse works in a remote place from residence. The judge is more likely to leave the property to the husband.

Section cost

Of course, the division of joint property will require certain material costs, and these costs will differ significantly for different methods of division.

Voluntary separation agreement . The most cost-effective partition option. When drawing up an agreement, the parties will need to pay a notary fee, which, depending on the amount of the agreement, can cost from three hundred rubles (if the price of the property being divided is up to one million rubles) to an amount exceeding 32 thousand rubles (if the value of the property exceeds 10 million rubles).

Division through court . With this option for dividing joint property, costs can become significantly higher. Few ordinary citizens will be able to independently draw up a legally competent statement of claim, so they will have to resort to the services of a lawyer. The cost of such services depends on the region, for example, in Moscow

• an oral consultation with a lawyer will cost from 1,000 rubles;
• for a written consultation you will have to pay from 3,000 rubles;
• drawing up a statement of claim and assistance in collecting documents will cost from five thousand rubles;
• the cost of complete case management will cost 35 – 40 tr.

In addition, the plaintiff will have to pay a state fee, the amount of which depends on the price of the claim. You can calculate the amount of duty using the table.

Table for calculating state fees when filing a claim for division of joint property

So, you are facing a divorce from your wife and division of jointly acquired property. Trying to negotiate should be your first step. This will allow you to maintain normal relations after a divorce, save a lot of money and speed up the separation process.

If a voluntary agreement on separation is impossible and the court remains, then the very first step should be to find a competent lawyer. Yes, this will slightly increase the cost of dividing property, but it will help avoid even greater financial losses in the event of improper management of the case.

Terms of division of property of spouses

As a general rule, the statute of limitations in cases regarding the division of property between former spouses is 3 years (clause 7 of Article 38 of the RF IC). However, many do not know from what moment this period begins.

The Plenum of the Supreme Court of the Russian Federation in its Resolution No. 15 of November 5, 1998, in Article 19, indicated that it is necessary to calculate the limitation period not from the very moment of divorce (entry into force of a legal court decision or registration of an entry in the book of dissolution of marriage unions in the registry office) , but from the moment when the person should have become or became aware of the fact of a violation of his right. This provision is also indicated in paragraph 1 of Art. 200 Civil Code of the Russian Federation.

Example: 5 years after the end of the marriage, the husband learned about real estate that was purchased at the time of his cohabitation with his ex-wife, but this building was not indicated in the list of common property.

The spouse, whose rights were not respected, is obliged to prove the fact of evasion from the division of jointly acquired property, but it is sometimes extremely difficult to justify such circumstances.

To restore the missed deadline, the spouse must file a claim for renewal of the missed deadline with the judicial authorities.

Actions when going to court

In order to carry out the process of dividing property in court, it is necessary to prepare documents and pay a state fee. Next, the documentation should be submitted to the judicial authority.

Moreover, if the cost of the claim is more than 50,000 rubles, then the process will take place in a district or city court. At a lower price, the case is considered by the magistrate court.

Required documents

The following documentation is required for the procedure:

• lawsuit;
• documents for property acquired during marriage;
• a photocopy of the marriage/divorce certificate, certified by a notary.

Sample statement of claim

To proceed with the division of common property, it is necessary to file a claim in court.

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.

A sample statement of claim for division of property is here.

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.

However, this period begins from the moment one of the spouses learns of a violation of their rights. For example, when a husband or wife finds out that the other party has hidden part of the property purchased during the marriage.

Read whether you can file a claim for division of property after a divorce. What is the state duty when dividing property? Information here.

How to write an application for the division of jointly acquired property? Details in this article.

Division of property during divorce if there are children

The property of adult children, namely: an apartment, a car, a summer house or shares, is not subject to division. They must remain the personal property of the child.

If a family that wants to divorce has minor children, then the divorce process occurs only through the court. This action is used to ensure the personal property rights of children.

In the event of a divorce, adult and minor children, at the time of division of the spouses' property acquired jointly during marriage, do not have the right to it, just as parents do not have rights to the children's things purchased for their needs. These include:

• clothes, shoes
• Sports Equipment
• school supplies
• furniture, books
• instruments for music practice
• as well as material deposits issued for children.

The listed items are transferred to the parent with whom the children will remain. Another person does not have the right to count on appropriate monetary compensation, even if it becomes known that the children’s property was sold.

Sometimes the fact that the child needs these things is disputed:

Example 1: A computer that was purchased more than 4 years ago was purchased for general use, and not just to meet the needs of a child. Here the issue is controversial and the court may rule in favor of one side or the other. Because the computer can hardly be attributed exclusively to children's use.

Example 2: A claim is made for a piano. The ex-husband stated that the purpose of this tool is not intended only for children. However, the wife presented evidence that their child is studying piano at a music school and this musical instrument was bought for him. Such a piano will not be subject to division.

If real estate that is the property of a minor child or his place of residence is alienated, then a representative of the guardianship and trusteeship authority must be present at the court hearing. The consent of the authority to allocate the child’s share is mandatory.

Be sure to read it! Does a teacher have the right to yell at a student at school?

What property is not subject to division?

• Property that is the personal property of one of the spouses is not subject to division. Such property includes property that was received by one spouse as a gift or acquired with funds received as a gift.
• This is also property received by one spouse by inheritance.
• Property that belonged to one of the spouses before marriage, as well as if it was acquired after the divorce, is also not divided.
• Property in personal use cannot be divided. Such things include clothing, shoes, personal hygiene items, and tools for professional activities.
• Children's property cannot be divided. This may include children's clothing, musical instruments, children's books, school supplies, and funds kept in a bank account in the child's name. The children's property is transferred to the spouse with whom the children remain to live.

Division of property if the wife did not work

Once upon a time there lived Tatyana and Mikhail.

An ordinary family, 2 children. Mortgage. Pay for another 4 years. Over the past 6 years, Tatyana has not worked a single day.

First one child was born, then the second. Mikhail worked alone. I worked hard from morning to night, the salary was good, we bought an apartment with a mortgage.

A wife on maternity leave is not a job. This is relaxation and doing nothing.

This is precisely the opinion that Mikhail formed. Tatyana finally went to work - to take a break from maternity leave. Mikhail announced a divorce. If you go to work, you can pay the bank yourself.

According to the documents, the owner of the apartment is Mikhail. And he decided this: since his wife and children remain in the apartment, she must continue to repay the loan herself. He paid half, now let his wife pay. My wife didn’t work and didn’t invest a penny.

With such an offer, he remains the sole owner. And then, someday, he will re-register the apartment for the children.

His opinion: since his wife has not invested a penny yet, then the apartment is completely his.

Tatyana’s horror: I’m ready to repay the loan myself, but where is the guarantee that he won’t cheat in the future?

The most interesting thing: each of them does not know their rights.

Whose apartment, if only the husband had income? Were his personal funds invested?

What rights does the wife have to the apartment? After all, she had no income.

Is Mikhail right: since his wife didn’t work, then the apartment is all his?

What will happen if Tatyana pays off the loan herself?

The rights of spouses to an apartment in such a situation are equal.

My husband bought an apartment, but he was married. The salary of one spouse is the family income, not his personal funds. And it doesn’t matter who worked and who ran the house, looked after children, or didn’t work because they were disabled.

Division of property, if the wife did not work, according to the general rules - in half (Article 34 of the Family Code)

Mikhail is wrong: despite the fact that according to the documents he is the owner of the apartment, Tatyana has the right to ½ part of everything.

There are 3 important facts here:

— the apartment was purchased during marriage;

- not given as a gift, not received as an inheritance, i.e. acquired through a compensated transaction;

- personal funds of the spouse were not invested, for example, received as a gift from the mother, or by inheritance, or from the sale of personal real estate, a car.

The spouse's salary, pensions, benefits, and other income received during marriage are not personal funds.

It does not matter which spouse the apartment is registered to, unless, of course, there is a prenuptial agreement. Whatever the spouses write in the contract, so it will be. But in this situation there is no prenuptial agreement.

The court can deviate from equality of shares only if the spouse did not work, did not receive income for unjustified reasons (did not want to, was a drunkard, drug addict) or spent family money to the detriment of the family (gambling, for example) (Article 39 of the Family Code) .

After the termination of the marriage relationship, the one who paid the debt has the right to demand half compensation from the second ex-spouse.

For example, Tatyana will be able to demand reimbursement of half the amount of the loan she paid if she pays herself after the end of their life together.

If their life together continues and the spouses do not divorce, then neither the husband nor the wife will be able to receive reimbursement for expenses from the other spouse.

Can a non-working wife count on alimony after a divorce?

If a woman needs additional financial support after a divorce, then whether she worked during marriage or was completely financially dependent on her husband does not matter. According to family law, if there are grounds for this, the husband must pay alimony to his ex-wife.

Grounds for collecting alimony from an ex-husband for his wife:

• a woman is pregnant by her ex-husband;
• the wife is raising a child under three years of age;
• the wife is raising a disabled child and simply cannot work;
• the woman is disabled.

There are nuances here. According to the law, a woman will be able to count on alimony for disability only when she has been married to her ex-husband for more than five calendar years. The court has the right to refuse a woman’s claim for alimony if it is proven that her inability to work is the cause of her immoral acts (as a result of alcohol or drug abuse).

Payment of alimony for the maintenance of the ex-wife stops when the grounds for it disappear.

Joint property and types of division

According to the provisions of Art. 256 of the Civil Code of the Russian Federation, all property acquired during the marriage is considered jointly acquired, unless otherwise specified in the agreement concluded by the husband and wife earlier. This category includes:

• income from performing work duties or own business;
• social benefits from the state;
• benefits from intellectual property;
• securities;
• participation shares in legal entities;
• real estate;
• movable material assets.

From the point of view of the Civil Code of the Russian Federation, it does not matter to whom the jointly acquired property is registered: in any case, it is recognized as common property.

Property division during divorce occurs in one of two ways:

Voluntarily

This method allows yesterday's husband and wife to save time, money and effort on legal proceedings. They agree among themselves about who will receive what values ​​and formalize the reached compromise in writing. The paper must be notarized, otherwise it will not have legal force.

Judicial order

If the parties are unable to reach an agreement on their own, the court will decide their issue. The judge analyzes the composition and total value of the couple's assets and determines what shares will go to each spouse.

A husband and wife have the right to ask the court to issue a more “expensive” share, subject to payment to the other party of material compensation.

Tips: how to properly divide property

If the spouses decide to get a divorce, then it is necessary to take into account several rules that will help them get through the divorce process faster.

• To avoid unnecessary expenses, it is best to correctly draw up an agreement on the division of property and not go to the courts at all. This document should contain all necessary information. But notarization is sometimes quite an expensive process.
• If the case comes to court consideration, then do not forget to file a claim for the division of property and documents for the deduction of alimony (for the spouse with whom minor children remain living). The presence of minor children is also a basis for increasing the share of joint property.
• After the divorce process is completed, save all documents related to the marriage, as they may be needed in the future. (If the spouse finds out about the undivided property and wants to claim it).