Division of jointly acquired property
According to the general rule of law, all property acquired by spouses in marriage is their common joint property and belongs to them in equal shares. At the same time, it does not matter to which of the spouses the property is legally registered. So, if, for example, in marriage the spouses bought an apartment and registered it for the wife, then one second of the share in the ownership of this property still belongs to the husband. It also does not matter with whose funds the property was purchased.
In the event of a divorce, in most cases, the property is to be divided equally, unless a different procedure is established by the marriage contract. Also, the spouses can agree on a different procedure for the division of property by concluding an agreement on the division of property.
Spouses or those who wish to become them can conclude a Marriage Agreement, which determines which spouse and what property will be transferred after the dissolution of the marriage.
As a rule, both movable and immovable property are subject to division. Movable property includes household appliances, a car, etc. Real estate includes apartments, country houses, office premises, etc.
As a general rule, personal belongings, as well as personal items (clothing, cosmetics, bijouterie, smartphone, etc.) are not subject to division. Things that a spouse uses in connection with professional activities are also not subject to division (this can be medical equipment, musical instruments, etc.). These things remain the property of the spouse who uses them.
Division of property in marriage
Spouses can share property while in a marriage relationship. So, they have the right to conclude an agreement on the division of property. In addition, the spouses have the right to apply to a notary for certification of an agreement on the allocation of a share from joint property.
It should be borne in mind that objects of property that have passed to the spouse as a gift or by way of inheritance do not belong to jointly acquired property. So, for example, if the grandmother gave the future wife an apartment, and the marriage was concluded after, then the apartment remains the property of the wife. If after the death of his mother a country house inherited the husband’s inheritance, and this took place in marriage, then only the husband will be the owner of the property.
Property division agreement
An agreement on the division of property can be concluded both between spouses and between ex-spouses. This document must be certified by a notary.
The spouses (ex-spouses) must appear in person with the documents at the appointment with the notary. The notary checks the passports of persons, marriage or divorce certificates, property documents. So, for example, when specifying real estate in the agreement, the notary has the right to demand an extract from the RUE “Minsk City Agency for State Registration and Land Cadastre” (for the city of Minsk), as well as documents of title to this property.
When making such a transaction with a notary, you must pay a notary fee, which is about 200 rubles. In this case, the notary will certify the agreement on the division of property if the property regime was not established by the Marriage Agreement.
Division of property through the court
If the spouses get divorced and they fail to agree on what property and which of them will get after the divorce, they have the right to apply to the court with an application for the division of property.
At the hearing, the court requests all documents related to the disputed property (technical passports for an apartment, extracts, documents on state registration).
As a general rule, the court divides the joint property in half, but there may be a different procedure for its division. The court takes into account with whom of the spouses are minor children, which of the spouses is in a difficult financial situation and other circumstances.
Limitation period for division of property
As a rule, the limitation period for division of property is 3 years from the date of divorce. Also, this period can be calculated from the day when one of the spouses learned about the violation of his right.
Increase in share in joint property
If a spouse receives an object of property during the division of property, the value of which exceeds the value of the share to which this spouse is entitled, then he is obliged to pay monetary compensation to the second spouse.
Compensation for the division of property of spouses
If, during the division of property, one of the spouses gets a large part or more of the property, then the court may oblige the second spouse to pay monetary compensation for this property.
For example, a husband receives a car, and a wife receives monetary compensation from her husband in the amount of the cost of half the car.
Division of land between spouses
Land plots are divisible and indivisible. If the divisible section is divided, then first you need to draw up a project for its division. Then the division project is subject to approval by the local authorities for sanitary and fire supervision.
Indivisible land plots are transferred to the ownership of one of the spouses, and monetary compensation is paid to the other spouse.
Our lawyers have been dealing with the division of property in the Republic of Belarus for more than 10 (ten) years. If you have questions related to the division of property, and you need help or advice from a lawyer, please contact our lawyers by e-mail: info@familylawyer.by or by phone: +375293664477.
