Article 34 of the Family code, property that was acquired by the couple over years of marriage, admits her joint property. It includes income from activities, grants, share capital and wealth, acquired in the period after the registration of the relationship. It does not matter on the name of the husband or wife purchased the property. Also not important who made money in the family budget.
It happens that spouses filing for a divorce, counting on the division of joint property, and leaving it in their property. It is this goal that stood in front of g coy. M. the Woman asked for my help to leave the apartment and the car.
The marriage was registered in 2008. Despite having children together, the family split up. Gr-ka M. filed for divorce and division of property. Moreover, she asked me to recognize her right of ownership, taking into account the interests of minor children, on the whole, the proportion of apartments in Moscow and the car "Volvo". I represented her interests in the Tushinskiy district court of Moscow.
When making a decision in case No. 2-313/18 were taken into account and the interests of the children. Two minors are registered and live in an apartment, which was claimed by doveritelnyi, and the vehicle was used by doveritelny for transporting children to educational institutions. In accordance with article 39 of the Family code of the Russian Federation, the court may derogate from equality of shares of spouses in the interests of minor children. As the claim was not contrary to law and not violate the rights and interests of third parties, the judge has allocated the property in the property of the plaintiff. The car, though, and was registered to the wife, would also be left of C coy M. no transfer compensation to the owner. This judgment became the basis for registration of ownership on the car in the traffic police and an apartment in the building.
In the course of the hearing the marriage also terminated. It is considered terminated from the moment the decision enters into force.
A preliminary agreement on the division of property between wife and husband contribute to the rapid dissolution of marriage. However, if the solution of family disputes is impossible without long court proceedings, request the services of an experienced attorney who will guard your interests and the interests of your children.
Sincerely, your lawyer Vladislav Lyzhin