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How to divide the property in a civil marriage

How to divide the property in a civil marriage

Division of property in a civil marriage can be by agreement between the spouses, and if no agreement - in court.

It should be borne in mind that the rules of family law legal property regime of the spouses shall not apply to civil marriages.



If necessary, divide the property in connection with thetermination of civil marriage must be initially offer spouse enter into a written agreement defining the respective shares. Upon cancellation of the preparation, signing such a treaty should be prepared for litigation in which the need to prove really living together, maintaining a common household for a long time, the presence of the common property, participation in its purchase (cash attachment).


It should not be in the dissolution of civil marriage andproperty division to focus on Chapter 7 of the Family Code of the Russian Federation, because it acts only in respect of registered marriages. Property relations in cohabiting relationships are not regulated by law, so the proof of the above circumstances, for one of the spouses the court is usually a challenge. Judicial practice is based on the need for the type of relationship the provisions of civil law on share ownership.


When applying to the court for the purpose of this section togetheracquired the property in a civil marriage should be guided by the provisions of Article 252 of the Civil Code. The said article defines the characteristics shared ownership regime. Interested spouse may demand the recognition of his right to a share of the property, which was acquired during the period of cohabitation by common means. If you prove all the circumstances necessary for the recognition of the joint acquisition of a particular property, it is impossible, to meet the requirements of the civilian spouse to another may decline.


In case of refusal by the court in the division of property,which was acquired in a civil marriage, the spouses can rely solely on the part of the property, which is framed on each of them. With regard to real estate, vehicles, deposits, shares of legal significance only documents of title in respect of the other property - documents on purchase, payment of a certain amount. If the court satisfies the requirement of the division of property, in the court decision indicates a specific list of things that are subject to shared ownership regime is the legal justification for the findings.

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