First of all, learning about such information (filing by Elena Stepanenko of the statement of claim on the section of the common property of spouses), we must understand that the court is, as we usually speak, extreme measure. The Family Code of the Russian Federation contains the following rule: "The common property of spouses can be divided between spouses by their agreement. The agreement on the division of common property is based on the spouses during the period of marriage, should be notarized "(paragraph 2 of Article 38 of the RF IC).
Accordingly, the spouses at any time have the right and the ability to conclude an agreement on the division of common property, assure it with a notary and disperse the world. If it fails to agree, go to court.
As for the composition of the property to be divided, everything is not so simple here. Of course, not everyone will share in half. Thus, Article 34 of the SC of the Russian Federation refers to property, surgassed during a marriage (that is, the total property of spouses), for example, the income of each of the spouses from labor or business activities. The common property of spouses is also considered to be acquired by spouses and real estate spouses, securities, pairs, deposits, shareholders made to credit institutions or other commercial organizations, and any other spouses acquired during the marriage of the property regardless of In the name of which of the spouses it was purchased either in the name of anyone or whom from the spouses made money.
Here the key concept is htorated during a marriage. What belonged to each of the spouses before marriage, and did not prepare together (for example, was inherited or as a gift), it is not divisible, as it is considered the property of one of the spouses. However, this rule is exceptions - in particular, if during the marriage due to the common property of spouses or the property of each of the spouses or labor of one of the spouses, investments were made, significantly increasing the value of personal property (overhaul, reconstruction, re-equipment and other), It is recognized as joint.
Not considered joint property and things of individual use (for example, clothing or shoes), even if they are purchased during a marriage period from the total means. But the luxury items under this definition are not falling - therefore, for example, the jewelry court will share in general.
Also, the court according to the rules of paragraph 2 of Article 39 of the SC of the Russian Federation may retreat from equality of the share of spouses, if the interests of minors or worthwhile interests of one of the spouses require the interests of juvenile children. Under considerable interests of one of the spouses should, in particular, to understand not only the cases when the spouse did not receive income without good reasons, or spent the common property of spouses to the detriment of the interests of the family, but also when one of the spouses for health states or other not The circumstances depends on it is deprived of the possibility of receiving income from labor activity (paragraph 17 Resolution of the Plenum of the Supreme Court of the Russian Federation of 05.11.1998 No. 15 "On the application by the courts of legislation when considering cases of termination of marriage").
Also, do not forget about the general debts of the spouses - they are also divided into proportion to the spouses shares.
The process of the property section can last long, even approximately time it is difficult to determine. It all depends on the will of the sides - if they can agree, then the case may result in 2-3 months, and if they begin to disassemble everything in detail, which is promoted for many years of marriage, including cutlery, then the process can stretch more than a year.