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Civil marriage: how to divide property in a divorce?


It can not be said that official registrationRelations in the registry office is popular for modern society. Whether business is cohabitation, which involves not only a number of positive features, but also a significant drawback. The sharing of a cohabiting marriage can be a difficult task.

Civil marriage: how to divide property in a divorce?
Many people are afraid of commitments thatAre imposed on the person together with the signature on the conclusion of marriage. In view of this, young couples are resolved to cohabitation, which saves unnecessary responsibility. Moreover, cohabitation involves financial independence. In the event that people decide to terminate cohabitation, then a reasonable question arises about sharing the acquired property. This aspect can be resolved either peacefully or with the involvement of a court. How to divide the property in a divorce is the business of every couple.

Peaceful division of property

Civil marriage does not imply anyObligations for the spouses. The same applies to the section of the acquired. To share jointly acquired things and values ​​can only be in accordance with Article 252 of the Civil Code. It says that all property of cohabitants of the court will be considered not as a common property, but as an equity property. Each spouse must prove that he is the owner of an acquisition. Evidence for this is not so easy to find.

Peacefully divided property can be throughAgreement. It is notarized and signed by both parties. In the text of the agreement, all property is divided into spouses. In the case of the consent of the former lovers, they are given a signature, and the document acquires legal force. In practice, it is not always possible to divide the property divorced peacefully.

Division of property by court

In most cases, when divorced, the couple can notTo agree, especially if the section deals with costly joint acquisitions. For example, a couple in a civil marriage decides to buy an apartment and does it in a fold. Acquired real estate, as an option, is documented on a man. When divorced, from a legal point of view, a man is a full-fledged owner of an apartment, you can not divide it.

If the other half, whose rightsHave been violated, can prove that it also invested in the purchase of its own funds, then the case will go to court. First of all, the court must establish that the apartment is a shared property. If this can be achieved, then subsequently the property will be divided according to the income of each of the spouses. As evidence of involvement in the acquisition, you can use witness testimony, documentation and income statement to indicate that the opportunity to add money to buy was indeed. The division of spouses' property in divorce through the court should be carried out with the assistance of experienced lawyers.

Civil marriage: how to divide property in a divorce? Was last modified: July 5th, 2017 By Vumtouss
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