DIVISION OF COMMON MARRIAGE PROPERTY

The emergence of marital relations among spouses leads to the emergence of new rights and obligations, in particular, regarding the property acquired by them. In most cases, such property is considered joint and is subject to division between husband and wife upon divorce. However, there are many nuances, according to which the specified property can be recognized as the personal private property of one of the spouses.
As a general rule, every thing acquired during the period of marriage is one that belongs to the spouses under the right of common co-ownership, except for items of individual use. But in some circumstances, the legislation establishes exceptions to the definition of the regime of this property.
First of all, the spouses have the opportunity to come to an agreement on this issue independently by concluding a marriage contract or an agreement on the division of property, which must be notarized. If a dispute arises about the division of property, the case can be resolved in court.

What property is considered personal?

• • The right to personal private property extends to all property acquired before marriage;
• • Received by one of the spouses on the basis of a gift or inheritance contract;
• • Purchased with the person's personal funds;
• • Acquired through privatization.

Indivisible things

In the event that a spouse wishes to divide property that cannot really be divided (for example, a house or a car), the husband or wife, by their own consent, can receive monetary compensation in the amount of the value of their share, and the ownership of it will pass to the other spouse. If the parties do not agree to such an option, the court can leave the property to them under the right of joint partial ownership.

Property acquired in an unregistered marriage

There are quite common cases when a man and a woman actually live in the same family, have a common life and relationship, but for certain reasons do not want to register a marriage.
Under such circumstances, property acquired by them during cohabitation may belong to them under the right of joint co-ownership. These persons also have the right to divide property by concluding a notarial agreement or in court.

Importantly! If the marriage between the spouses has not been dissolved, the statute of limitations for demands for the division of joint property has not been established. After the divorce, the statute of limitations applies in 3 years from the day when the person became aware of the violation of his property right.

In practice, each situation, taking into account life circumstances, is special and may differ from generally accepted provisions, therefore it is important to seek legal help in time. Lawyers and attorneys of the Company "Prikhodko & Partners" will definitely be able to analyze documents, based on this, provide individual consultations and protect your interests in court.