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The division of the general joint property of the spouses acquired during the marriage can be made after the dissolution of the marriage, and in the period of its existence.
As a general rule, the property of the spouses, which acquired by them during the marriage, is their common joint property and in case of divorce is divided in half.
The lawyer company "Your Jurisconsult" will render you a necessary legal aid and will hold legal consultations concerning to the property division:
• verbal and written consultations;
• representation and protection of the interests in the court;
• division of joint property acquired by spouses during marriage in court order;
• recognition of the right of ownership of the property acquired during marriage as a gift or by the way of inheritance;
• recognition of the right to the property ownership acquired during marriage at the expense of private investments of one of the spouses;
• recognition of the right to the property ownership acquired when spouses in fact were living separately.
• establishment of the facts having legal value;
• recognition of the right of ownership to the securities, deposits, shares;
• Search of the property to be divided under judicial order.
• share allocation, decrease or increase of the share of one of the spouses from common share of ownership in court.
Our advocate and lawyer will provide You legal assistance, advise on the preparation of the necessary documents for filing a claim in court.
It is not subject to division and the property acquired by each of the spouses during their separation in time of actual termination of family relations.
The property received by each of the spouses as a gift or inherited property, is the property of the spouses, who have received the gift or inherited and after divorce is not subject to division.
Also in case of dissolution of marriage liabilities acquired by the spouses during marriage such as mortgage, loans are subject to division.
According to the Family code of Armenia — the husband and the wife have the right to the division of property which belongs to them on the right of the general joint property irrespective of will they dissolve a marriage or not. Besides, divorce doesn't stop the right of the general joint property to the property acquired in the period of marriage. Practice testifies that spouses bring up a question of the general joint property division when the marriage relations between them stopped.
So, when making the decision on the division of property, in the first place it is necessary to determine the composition of property which is subject to division as distributed upon dissolution of the marriage is subject only to the jointly acquired during marriage property. That was acquired before marriage, even if you have invested in the acquisition of the lion's share of the money it is not subject to division, and is not included in the composition of the divisible property.
Also it is not included in the composition of the divisible property the property acquired during the marriage of one of the spouses in the order of succession and donation. Here, if you want to save the acquired property, you should insure - arrange the donation or bequest. The things of personal use, namely, clothes, shoes, books on the specialty, remains the property of the spouses, to whom they belong. Except for what can be considered luxury items.
The property received by the spouse during the marriage as a gift, on the other gratuitous transactions may also be recognized as an individual. Items purchased exclusively to meet the needs of minor children (clothes, footwear, school and sports accessories, musical instruments, children's library and others), are not subject to division and transferred without compensation to the spouse with whom the children live. Contributions made by the spouses at the expense of the common property of the spouses in the name of their common minor children, are considered to belong to these children and not taken into account when dividing the common property of the spouses.
Common property of the spouses, which is subject to division is purchased at the expense of the general revenues of the spouses movable and immovable property, securities, shares, deposits, shares in the capital, funds, deposited with credit institutions or in other commercial organizations, and any other property acquired by spouses during the marriage property, regardless of whether in the name of one of the spouses it was purchased, or in the name of who, or what, of the spouses made cash. If one spouse at the expense of their own or family funds made significant improvements in the property of the other spouse, it can also be recognized as the joint property, but for this purpose it is necessary to prove, that, as a result of your investment a certain property (such as apartment, house), has improved, significantly increased its original cost.
In more detail the question of the division of property between spouses is regulated by the Family Code of RA, which provides a number of ways and the procedure of division of property, which belongs to the spouses in the right of common joint ownership. As a rule, the disputed property is divided in kind. If the spouses have not agreed on the procedure of division of property, the dispute is settled by the court and at the same time are taken into account the interests of the wife, husband, children and other circumstances, which are essential. As the property that is the object of the right of common joint ownership (including a house, apartment) is divided between the spouses in kind, the one of the spouses only with his consent, be granted monetary compensation instead of his share in the right of common joint ownership. Such cases are when the division of property (residential house, apartment) is impossible to produce in nature.
The possibility or impossibility of such division is set by the expert's conclusion, this should be taken into account not to damage the purposeful or other significance of this property; to the redistribution of property between spouses was carried out taking into account their cost, the need for and part of each spouse in the joint property; in passing the property in kind to one of the spouses the obligation is imposed on him to compensate the other spouse with is part of the money.
Sometimes the respondent, objecting to the claim, claims that the property is not joint, and purchased for example, by his personal funds, received as a gift from someone, or the means that were received before the marriage, or invested in the property so much money, that it substantially increased its value. This can be expensive repair of the apartment, its redevelopment, construction (reconstruction) of a house, etc.
There are many nuances in determining the type of property of spouses, in order to prove whether this or that property has been jointly acquired you need to have an idea of a concrete situation. As a general rule, the evidence can be any actual data, based on which in accordance with the law the court establishes presence or absence of the circumstances that justify the claims or defenses of the parties. All these circumstances you need to prove (to confirm) in court. For the proof can be used: the explanations of the parties and of third parties, testimony of witnesses, written evidence, the conclusions of experts.
And finally - if the circumstances of life have brought you to the division of property, You would perhaps ask for help to lawyers, who will help you to determine the composition of the property which is subject to division, formulate a claim, validate data requirements and implement your representation in court.
The company "Germany Business Association" expresses its sincere gratitude to the specialists of law firm "Your Jurisconsult" for qualified help and support in solving existing problems.Country Director Patrick Jung