Under this Agreement, the parties have the opportunity to distribute ownership of real estate (apartments, residential or country houses, land plots, garages, etc.), vehicles, funds, corporate rights (shares, shares), as well as valuable things and jewelry acquired by spouses in marriage.
An agreement on the division of property can be concluded between persons who are in a registered marriage, as well as persons who have separated. I draw your attention to the fact that the conclusion of this Agreement between persons who are in a civil (that is, not an official) marriage is prohibited.
Division of ownership of immovable property between spouses
As a general rule, immovable property acquired by two or one of the spouses during a registered marriage is automatically recognized as the joint joint property of the spouses. In the event of a divorce, the shares of each of the spouses in the ownership of real estate are equal. At the same time, the parties (or the court, if the parties have applied to the court with a demand for the division of property) may deviate from the equality of the shares of each in the ownership of the common immovable property, if it is established, for example, that the immovable property was acquired in whole or in part with personal funds. one of the spouses or for any other reason.
In the text of this Agreement, the parties have the opportunity, independently and at their own discretion:
- to establish the size of the share of each in the ownership of a certain immovable property.
- not to divide the ownership of real estate, but to determine the procedure for using it (for example, in the summer a country house is used by a person, and in other seasons — by his wife).
- to transfer the ownership of real estate to only one of the friends, and, if necessary, to provide for the amount of monetary compensation paid by the other of the spouses.
Division of ownership of vehicles between spouses
As a general rule, vehicles that were purchased by two or one of the spouses during marriage (regardless of who the vehicle was registered with) are automatically recognized as joint joint property of the spouses. In the event of a divorce, the shares of each spouse in the ownership of the vehicle are equal. At the same time, the parties (or the court, if the parties have applied to the court with a demand for the division of property) may deviate from the equality of the shares of each in the ownership of the vehicle, if it is established, for example, that the vehicle was acquired in whole or in part at the expense of funds, donated by the parents of one of the spouses or for any other reason.
In the text of this Agreement, the parties have the opportunity, independently and at their own discretion:
- do not carry out the rights of authority for transport, but establish the procedure for corroborating them (to the butt, on weekdays, the car is corroded by the cholovik, and at the dead of the day — the squad).
- transfer ownership of the vehicle to only one of the spouses, and, if necessary, provide for the amount of monetary compensation paid by the other of the spouses.
Division of ownership into corporate rights
During a registered marriage, one of the spouses can contribute to the authorized (pooled) capital of a legal entity at the expense of the spouses’ common funds. Depending on the type of organizational and legal form of a legal entity, the distribution of corporate rights has its own characteristics.
If one of the spouses is a member of a limited liability company (LLC) and acquired a share in the authorized capital by contributing funds / property that are in common joint ownership, then it is impossible to physically share this fate between the spouses. This is due to the peculiarity of the legal nature of the corporate rights of an LLC. In practice, the ownership of corporate rights in an LLC remains with the spouse who is a participant in accordance with the constituent documents, and the second of the spouses is paid monetary compensation (the amount of which is determined by mutual agreement of the parties).
If one of the spouses acquired ownership of the shares of a joint-stock company (JSC) with the introduction of property / funds that are in common joint ownership, then in the text of the agreement the parties have the opportunity to independently determine in what ratio these shares will be distributed (for example, 20% of the shares are transferred to property of the wife, and the remaining 80% remain in the property of the husband).
In the text of this Agreement, the parties must determine the procedure for the distribution of corporate rights in the authorized (pooled) capital of a legal entity of any other organizational and legal form (for example, a private enterprise).
Division of ownership of funds
The parties have the opportunity to carry out the division of ownership of cash and funds stored in accounts in banking (financial) institutions.
Division of ownership of valuables and valuables
The parties have the opportunity to carry out the division of ownership of things and jewelry, which are of value to the spouses.
In order for the Agreement on the division of property of the spouses to be valid, it must be legally correct, signed by both parties with their own hand, and also notarized.
