Property dispute is one of the complicating factors of divorce. If spouses have acquired different property during their joint life, divorce usually leads to many contradictions. It is especially difficult to divide the real estate. A fair solution of the problem is usually achieved in the peaceful settlement of the conflict.
This can be done verbally and with the help of a special agreement, which is compiled under the supervision of lawyers and certified by a notary. In this case, the husband and wife can move away from the principle of equality of shares and divide the property as they consider it fair. The peaceful division of property allows maintaining good relations between former spouses, which is especially important in families with children.
In the presence of disagreements, property disputes are resolved in the Court. In this case, the division is based on the principle of equity shares. Each court appoints 50% each, regardless of who earned more, was a source of income, and who was at home, doing household chores. In rare cases, the judge departs from this principle, assigning to the husband or wife more than half of the property.
General property is not received by one of the spouses as a legacy, as a gift or as a result of a gratuitous transaction (for example, privatization). The personal belongings of the spouses remain with them, regardless of their value. Even if the wife’s wardrobe is much richer and more expensive than her husband’s wardrobe, this is not taken into account when partitioning. The exception is expensive things, for example, fur coats from natural fur, jewelry.
Also, real estate purchased before marriage or purchased with funds that the spouse had before marriage was not subject to division. But such cases are not always so unambiguous. If, for example, the family lived in the apartment of a husband who inherited it, the apartment after the divorce, logically, is also assigned to the husband. However, during the marriage in this housing was made expensive repairs. In this case, the husband must pay compensation to the wife, equal to half the cost of this repair.
There are many similar nuances in the division of property. All of them can be envisaged in advance only with the help of experienced lawyers.