How to divide property at divorce?

The family breaks up, people close to yesterday today are foreign, and in general, love goes.  But as you know, love comes and goes, but always want to eat.  So how do you divide all the marital "not to be excruciatingly painful for the wasted years"?  In this article I will describe some of the points which often stumble upon the division of property.

First of all, heading for a divorce only to be jointly acquired property during the marriage.  What had been purchased before the official marriage, even if you have invested in acquiring the lion's share of money, is not subject to partition, and part of the property is not part of the dividend.  Also not included in the divisible estate property acquired during marriage by one spouse by inheritance or gift.  Here, see if you want to save their money, we should err - to make out a will or donative.

Suppose during your marriage, your grandmother gave you money to buy an apartment.  By The money you have added their own and bought an apartment.  It would seem that the apartment - just your property.  Nothing of the sort - is a joint property of spouses and to be divided in equal parts in a divorce .  That the apartment of the property did not get the dividend, your grandmother should not give you money, and buy them an apartment and then later give it to you.  Otherwise, the money already invested yourself into a joint spousal purchase - an apartment, and when the other spouse gets half, offense only for themselves.

Next time - it's jurisdiction.  Previously, such cases (property division) considered the magistrates, is now changed and the jurisdiction of such claims should be addressed to the district court at the residence of the defendant.  But if the dividend in the property is flat, then a lawsuit filed in district court at the location of this apartment, even if the defendant lives in another area.

If several apartments divisible, then you can contact the district court at the location of any of the apartments (so-called alternative jurisdiction).  It so happens that the ex-spouse files a suit under this defendant's residence while living in the former shared apartment in another district, receives a statement back, torn between the courts and wasting time and Limitations.

Limitation of actions for the division of property - three years after the official dissolution of the marriage (adjudication of divorce).  And if you're late, and the ownership of apartments, garages, "factories, newspapers and steamships" is registered (even during the marriage) on one of the spouses - be angry at yourself, you share profukannyh. Limitation periods can only be restored for good reasons, which include serious illness of the claimant or his close relatives, the lack of access to a court (lived in the forest), ignorance (read and write do not know how).  But the "oh, but I did not know that there is a statute of limitations" for good reasons, under which the statute of limitations restored, does not apply.

Another point - the section is subject only to property that is jointly owned by spouses.  And if during the marriage you have built any unauthorized barn, bath, garage, no one judge him not to divide.  Because - it's unauthorized construction, which is subject to demolition, the person to realize it.  And in order to share a building, you must obtain a certificate of ownership, ie  legitimize the unauthorized structure.