How to divide the apartment in the divorce ?

How to divide the apartment in the divorce  – Not all family life develops happily , and if it came to a divorce without mutual financial claims is not complete . How can a divorce divide the property acquired by the spouses during the marriage ? How to defend your rights?

And Civil and Family Code is determined that the property acquired by the spouses during the marriage is their joint property. This means that any property that was acquired during the marriage is shared and owned by a husband and wife in equal shares. It does not matter that the apartment is owned by the documents of one of the spouses. Also plays the role of the fact of the spouses who earn more . In any case, all that was acquired during the marriage is divided between spouses in half.

But not everything that has a married couple in a divorce case is divided equally .
All that belonged to one of the spouses before marriage, a divorce is it , that is not divisible . In addition, the joint property does not apply property received by inheritance or otherwise gratuitously transactions. In other words, if one of the spouses during the marriage, property received in an inheritance or gift, or privatized apartment , it becomes the sole owner of the property , and it is in a divorce case is not subject to section .

To address issues of division of property at divorce can conclude notarized marriage contract . Create a prenuptial agreement can be both during the marriage and before the wedding. In the latter case it shall enter into force on the date of state registration of marriage. Under the Family Code of the Russian Federation prenuptial agreement can not contain terms that put one of the spouses in unfavorable position. That is not all marital property to give one of the spouses . By court order such a prenuptial agreement may be invalidated.

The greatest number of questions arise , if the apartment is purchased in a civil marriage . In this case, the civil husband and wife will have to prove the general farming. Only then can we count on division of joint property . Therefore, in the case of civil marriage makes sense to draw the property for two.