The agreement on sharing the property of the spouses is necessary to secure the agreement of the spouses on the division of property that is in their common joint ownership. Details about the order and methods of the section are here: Division of the property of the spouses. The agreement can be concluded both during the marriage and after its dissolution. The agreement must be made by a written document, which will contain all the necessary requisites.
The Agreement
The Separation Agreement on the division of property may contain a different content of the joint ownership regime, different from the legally established one. The possibility of concluding an agreement between spouses is explicitly provided for in Article 38 of the Family Code.
- It should be noted that the Family Code provides for another way of securing the agreement of the spouses on the fate of jointly acquired property – this is a marriage contract. At the same time, the agreement on the division of property is more specific, it can only be directed at changing the regime of jointly acquired property. The law does not require, in contrast to the marriage contract, mandatory notarization of the agreement.
- The agreement can be drawn up with respect to all property, and in respect of some part of it. It is possible to draw up several agreements for each type of property. So, we can separately conclude an agreement on real estate, securities, vehicles and other property.
In the agreement it is necessary to list all property subject to division, establish its value at the time of the section, determine the size of the spouses’ shares, indicate which property to which of the spouses will be transferred. You can make use of the Power of Attorney Form here.
Peaceful Agreement
If peacefully to agree on the division of property did not work, then we will have to apply to the court: a statement of claim on the division of property. The use of the Legal Forms is important in this case.
The property received for gratuitous transactions is the personal property of the spouse. It does not matter whether the person was married at the time of entering into the property or not. Gratuitous transactions are those transactions that do not require joint investments of marital money for the purchase of real estate. Examples of gratuitous acquisition of real estate: inheritance, donation (including spouse), privatization, the exchange of the premarital apartment for a new apartment in marriage (only a surcharge is subject to this section). The exceptions are apartments received at the place of service, work, apartments under a rent contract for life maintenance with dependents.
