Probably everyone knows that civil marriage is not officially registered with the authorities. It rests only in words, but is not legally confirmed by anything. And here the assumption by itself suggests itself: the division of property in a civil marriage, as, for example, in a divorce, is not performed. After all, there is no and no divorce as such due to the absence of any legal regulation. So what then to do? How to solve a controversial issue?
Nevertheless, despite such legal nuances, there are all kinds of positive judicial practice regarding the division of property acquired in a civil marriage. I must say, in any case, in order to avoid unnecessary conflicts, you will need a divorce lawyer.
Going to court
Disputes caused by the division of property in a civil marriage are settled by a court. It must be remembered that in such a case, the trial can be quite difficult, so be prepared for it accordingly. If you feel insecure in your own abilities to prove the truth, seek help from specialists. Family Law Attorney is your trusted lawyer in court. He will help to correctly prepare the statement of claim, as well as to collect all the necessary evidence for a positive solution to your problem.
What evidence is needed?
First, find all the documents that confirm the fact of living with a common-law spouse, housekeeping and the acquisition of property. Here you will need joint photographs, vacation tickets, letters, testimonies of witnesses, etc. The second thing you will need is checks, contracts that would testify to the fact of a joint purchase. Well, the third is a confirmation of the general use of the property. If this is a house or apartment, find evidence of cohabitation. In this case, the evidence is the testimony of neighbors, a subscription to magazines and newspapers, checks for apartment repairs, which were issued at the address of the apartment in your name. All this will help you to carry out the division of property in a civil marriage.
What to do with evidence?
If all the documents are collected, and witnesses are found, feel free to contact the court with a statement of claim . The application should indicate the time, place, as well as other circumstances of the acquisition of real estate and movable property. Be sure to list and attach all the relevant documents that would confirm the fact of such a purchase. Indicate witnesses who will be ready to confirm the fact of your residence with another person in a civil marriage, as well as the acquisition of property. It is important to specifically indicate which property you are applying for or which part of its value you want to receive. Again, you must provide the relevant documents confirming the price of the property.
note
When filing a lawsuit on the division of property in a civil marriage, be sure to indicate that the disputed property was acquired with jointly earned money. Do not forget to mention that it was intended for general use.
If you have good reason, plus good preparation for the trial, then you can carry out the division of property in a civil marriage, despite the fact that the RF IC does not provide for such a mechanism of legal protection.