Divorce is always an emotionally challenging process, but it becomes even more complex when the issue of property division arises.
We previously discussed in detail how to get married and the divorce process in Azerbaijan.
Let’s look at how property division occurs during a divorce in Azerbaijan.
Spouses' mutual property in Azerbaijan
Marital property matters are regulated by the Family Code of Azerbaijan. According to the codex, all property acquired during marriage is considered joint property, BUT! One of these stipulations is the conclusion of a prenuptial agreement.
Joint property includes:
– Movable and immovable property;
– Bank deposits;
– Securities;
– Jewelry and precious metals;
– Business assets.
The following is not considered joint property:
– Property gifted to one spouse;
– Property owned by each spouse before marriage;
– Property received by one spouse through inheritance;
– Property for personal use (clothing, footwear, etc.);
– Items acquired to meet the needs of minor children.
Accordingly, this property is not divided between the spouses during a divorce. However, personal property may also be considered joint property if the value of this property increases significantly due to common expenses during the marriage.
How is common property divided in Azerbaijan?
As a rule, property is divided equally. However, the court may deviate from this equality of shares in the following cases:
– one spouse failed to contribute to family expenses without good reason;
– spent family money to the detriment of the family;
– had significant interests of the husband (wife);
– minor children.
During a divorce, not only the joint property is divided, but also the spouses’ joint debts, according to their shares. This also applies to mortgages.
Real estate purchased during the marriage is usually divided equally. If it is physically indivisible, the court awards it to one spouse, and the other spouse receives compensation corresponding to their share.
In practice, property division can occur in two ways:
1. By mutual agreement of the spouses. A written division agreement is drawn up and notarized.
2. Through the court. The claim is filed in the court at the defendant’s place of residence. A claim for property division can be filed within 3 years of the divorce.
Required documents for filing a claim for property division through the court:
– A list of property acquired during the marriage that you are claiming or wish to divide.
– Documents confirming ownership of the property to be divided.
– Documents confirming the market value of the property to be divided. If one spouse disagrees with the assessment, the court may order an independent appraisal.
– A property division plan, i.e., the option the court will consider—what you want to keep for yourself, what you want to keep for your spouse, what you can accept in monetary terms, and what amount you are willing to pay to your ex-spouse.
– Receipt for payment of the state fee.
– Original and copy of the divorce certificate.
FAQ
How is property divided during a divorce in Azerbaijan?
Usually equally, unless the court establishes grounds for changing the shares.
Can property be divided without going to court?
Yes, through a notarized agreement.
What is not divided during a divorce?
Gifts, inheritance, personal belongings, and property owned before marriage.
Is property divided if it is registered to one spouse?
Yes, if it was purchased during the marriage, it is considered joint property.
How is a mortgage divided during a divorce?
The debt is divided proportionally between the spouses’ shares.
Is a property appraisal required?
Yes, proof of market value is required for the court.
How EMZE can help you?
In many cases, during the divorce process, each of the spouses proceeds more from emotions, neglecting the legal norms.
The assistance of a Lawyer in Azerbaijan guarantees the protection of rights in the divorce process. First of all, it is recommended to take an advice from a lawyer, because a divorce application drawn up by a lawyer lays a solid foundation for the proper conduct of the case from the very beginning.
Other legal services in the field of migration law, you can find in “My Services” section.
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