All property acquired by spouses during marriage, regardless of which of the spouses it was acquired or to whom or by whom of the spouses money was deposited, is recognized as common joint property. Spouses have equal rights to own, use and dispose of this property, even if one of them was engaged in housekeeping, caring for children or for other valid reasons did not have independent earnings (income), unless otherwise provided The marriage contract.
The property, which is the common joint property of the spouses, should include immovable and movable things, income received from commercial and labor activities, including the salary of the spouses or one of them, income from the use of movable and immovable property, income received as a result intellectual activities, securities, bank deposits, jewelry and other luxury items. As well as cash, real estate and other property received as a result of the use of credit funds from banks and non-bank financial institutions.
Persons entering into marriage have the right to conclude a marriage contract, where they can determine their rights and obligations for mutual maintenance, ways of participating in each other’s income, the procedure for each of them to bear family expenses, indicate the property that will be transferred to each of the spouses in case of divorce. And also in the marriage contract, the conditions and procedure for the return of common debts and other joint obligations of the spouses can be determined. However, the marriage contract must not contradict the current legislation.
It should be borne in mind that a prenuptial agreement regulates relations only between spouses. If the loan agreement is concluded during the marriage with one spouse, and under the marriage contract the obligations to fulfill it are transferred to the other spouse, then in case of default on the obligations under the loan agreement, the bank will demand their execution from the spouse with whom the loan agreement in turn, on the basis of a marriage contract, he has the right to demand the money paid to the bank from the other spouse.
In the absence of a marriage contract and the presence of a dispute over property, including a dispute over the payment of credit obligations, the division of the common joint property is carried out by the court.
When filing a statement of claim on the division of common joint property, it is imperative to indicate the existing credit obligations, when, by whom and under what circumstances such loans were issued and how the funds received were spent.
The spouses’ shares in common joint property are recognized as equal, unless otherwise provided by the Marriage Contract. When considering a dispute on the division of property, the court has the right to deviate from recognizing the shares as equal, taking into account the interests of minors and disabled adult children in need of assistance or the interests of one of the spouses that deserve attention. The share of one of the spouses, in particular, can be increased if the other spouse avoided work or spent common property to the detriment of the interests of the family.
In accordance with the Code of the Republic of Belarus on Marriage and Family, during the division of property, the court also takes into account the general debts of the spouses and the rights of claim for obligations arising in the interests of the family.
A loan received by one of the spouses and used in the interests of the family is recognized as the general debt of the spouses.
If, prior to the consideration by the court of the dispute on the division of property, one of the former spouses has paid off the debt on the obligation arising in the interests of the family, then he has the right to demand the recovery from the other side of half of the debt he has paid off.
In cases where the loan funds were spent by one of the spouses for personal purposes and the other spouse provides evidence of this fact in court, then such a debt will not be taken into account when dividing the jointly acquired property. Also, if there is evidence, loans acquired by one of the spouses before the division of the property, but after the termination of the common joint economy, will not be taken into account in the division of property.
With the consent of the lender, the loan can be divided into both spouses. In this case, when the property is divided, a bank representative is necessarily invited to the court session.
Our lawyers have extensive experience in representing the interests of our clients in the division of property between spouses. Our lawyers for the division of property between spouses are ready to provide you with the following legal assistance on the division of property between spouses:
– oral and written advice on the division of loans between spouses;
– representation and protection of interests in courts on the division of loans between spouses.
If you have questions related to divorce and the division of loans, and you need help or advice from a lawyer, please contact our lawyers by e-mail: info@familylawyer.by or by phone: +375293664477.
