Advice 1: As divisible property in a divorce if there are children

If the family is broken and divorce is the best solution, inevitably the question arises about the division of joint property. Together leave those are all things acquired during the marriage, regardless of whose name they were issued and who of the spouses earned more during the marriage.
Instruction
1
Division of jointly acquired property is regulated by the Family code of the Russian Federation, according to which it is divided in half, if the other order was not specified in the marriage contract. Section shall be purchased in the marriage movable and immovable property, furniture, appliances, securities, cash deposits, shares in the business, art and more. From the section excludes those objects that were received by one spouse as a gift, by inheritance, belonged to the premarital property, as well as those that were acquired with personal funds. Not subject to division and personal items, except for jewelry and luxury items.
2
On all contentious issues should be referred to the court, for example, to divide the furniture and appliances on the subject, based on equality of value. If one of the spouses proves that a particular object is necessary for him and only he uses it, the court may depart from the principle of equality and to transfer the disputed property into the property of one party and the payment of other monetary compensation.
3
The proportion of children in the marital property is absent, since children do not have the right to the property of their parents. The exception is those objects and things that were bought for a child, and which he regularly uses. So not subject to the section children's furniture, clothes, toys and books purchased with marital funds. All of these items are sent to the parent, who will remain to live child without compensation of their value to the other party.
4
Upon dissolution of the marriage section shall be subject not only property but also the debts of the spouses, if they were formed during the marriage, and the money received on the loan, was spent on family needs. In this case, co-residence with children, as well as the fact of their allowance and education may be considered essential circumstance, as well as the income of each of the former spouses. The court is obliged to proceed from the specific circumstances of the case and to take into account the fact that the children in this case should not be infringed.

Advice 2: Divided as assets in a divorce

Divorce becomes the last resort in that case, if family life is not completely formed. During such process psycho-emotional condition of both spouses is disturbed, because in addition to feelings of separation problems emerge with the division of property.
Instruction
1
The process of division of property is governed by the Family code of the Russian Federation. Under family law, all property acquired by the spouses during the marriage is joint. According to the rules in the divorce, half the property should to the husband, and the other half to the wife. However, there are cases when such section takes place in a different way. This happens in the case if the court makes another decision, or if there is a marriage contract.
2
To understand how to divide assets in a divorce, you first need to know what property is considered joint. The common property includes the following:

- the income of both spouses from different activities;
- do not trust pensions and other monetary compensation (it can not be attributed to the payment of child support and disability payments);
- all movable and immovable assets (land, furniture, jewelry, cars, real estate);
- cash deposits;
- securities;
- share of business (only if the business was started after marriage).
3
Jointly acquired by the property does not include:
- property and any other property which was obtained by a spouse before marriage;
- property received by a spouse as a result of privatization;
- property acquired by a spouse by inheritance or gift;
- property acquired by one spouse with funds that belonged to him before marriage (example: a property purchased by one spouse with funds from the sale of the car, which he bought before marriage);
- property owned by a minor child (it is important to know that the property in the divorce will remain with the parent with whom the child will live);
- all items intended for personal use (cannot include luxury items and jewelry).
4
If one of the spouses has not worked for some specific good reason, he is also entitled to his half of the jointly acquired property. Valid reasons may include housework or child care.
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