The lawyer explained the rules of division of property in case of divorce
Property acquired during marriage is divided equally between the spouses, however, objects received before the wedding, inherited or as a gift are recognized as personal property. Arkady Vayman, partner of the law firm ANP ZENIT, Candidate of Law, told Izvestia about this on June 10.
Personal and common property
By default, all marital property, including apartments, cars, and deposits, is divided equally between the spouses. However, the law provides exceptions for objects received as a gift, inherited, or acquired before the wedding. 36 of the Family Code of the Russian Federation, such assets are recognized as personal property, even if they were used by both family members.
At the same time, the status of personal property may be challenged on the basis of Article 37 of the Family Code. This happens in cases where general funds have been invested in the facility, for example, for major repairs or reconstruction, which significantly increased the value of the asset. As Weyman noted, the burden of proving the personal nature of property always lies with the person who claims it.
"If one of the former spouses wants the apartment, car or deposit to be recognized as his personal property, it is he who must provide evidence. The court will not accept the argument "it was my money" or "that's what we agreed" — the documents are needed," Weyman stressed.
Proof of investment
To confirm the personal nature of the investments, the court must provide written evidence. These include money donation agreements, bank statements on the movement of finances, and documents confirming the connection between the source of money and the purchase. The courts often treat witness testimony critically, giving priority to paper media.
If both personal and general funds were spent on the purchase of real estate, the court determines the shares in proportion to the investments. In situations with large-scale repairs of premarital housing, the second spouse needs to provide checks for building materials, work contracts and bank statements. The final decision on the recognition or allocation of a share is made on the basis of a construction and technical expertise.
Business Section
Disputes about the division of business, where shares in companies are also considered common property, are particularly difficult. It is a common practice to artificially reduce the owner's share before a divorce. Courts have learned to recognize such tactics, requiring business plans and financial statements to confirm the reality of corporate decisions.
"The recommendation is that it is important to collect the evidence base in advance, and not at the time of the conflict," the expert noted.
This document can be issued at any stage of the marriage in order to clearly identify the ownership of the property and avoid lengthy delays, the lawyer concluded.
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