How is the division of property in a civil marriage
Probably everyone knows that a civil marriage is notis registered with the authorities in an official manner. It is held only in words, but legally it is not confirmed by anything. And here the assumption itself arises: the division of property in a civil marriage, as, for example, in the case of divorce, is not made. After all, as such, there is no divorce due to the lack of any legal regulation. So what should I do? How to resolve a contentious issue?
Yet, despite such legal nuances,there is a variety of positive jurisprudence relating to the division of property that was acquired in a civil marriage. Needless to say, in any case, in order to avoid unnecessary conflicts, you will need a divorce lawyer.
Appeal to the court
The disputes caused by the division of property under thecivil marriage, are resolved by the court. It should be remembered that in such a case, the legal process can be quite difficult, so prepare accordingly for it. If you feel insecure in your own abilities to prove the truth, ask for help from specialists. A lawyer for family law is your reliable lawyer in court. He will help to properly prepare the statement of claim, as well as collect all the necessary evidence for a positive solution to your problem.
What proof is needed?
First, find all the documents that areconfirm the fact of living together with the civil husband, the management of the economy and the acquisition of property. You will need joint photos, tickets for rest, letters, testimonies of witnesses, etc. The second thing you need is checks, contracts that would testify to the fact of joint purchase. Well, the third is a confirmation of the general use of the property. If it's a house or an apartment, find a certificate of cohabitation. In this case, the evidence is the testimony of neighbors, subscriptions to magazines and newspapers, checks for apartment repairs, which were issued at the apartment address in your name. All this will help you to conduct the division of property in a civil marriage.
What to do with the evidence?
If all documents are collected, and witnesses are found,boldly address the statement of claim to the court. The application should indicate the time, place, and other circumstances of the acquisition of immovable and movable property. Be sure to list and attach all relevant documents that would confirm the fact of such a purchase. Specify the witnesses who will be willing to confirm the fact of your living together with another person in a civil marriage, as well as the acquisition of property. It is important to specify which property you are applying for or what part of its value you want to receive. Again, you need to provide the relevant documents that confirm the price of the property.
note
When filing a claim for the division of property undercivil marriage must specify that the disputed property was purchased on jointly earned money. Do not forget to mention that it was intended for general use.
