The first thing you need to understand is that the section is subject only to the property that is acquired in the course of officially registered relations. What was acquired before the marriage and even if you invested in this acquisition your share, is not subject to division. Also in the list of the dividend is not included that property that was received with the gift or inheritance of one of the spouses. Similarly, the division of property may not be in the sexes. Reasons can be: a refusal to pay alimony or a small number of them, minors or disabled children. The court also has the right to decide how much the two spouses will get if it can be proved that one of them did not care about the material security, concealed, destroyed or damaged, and also used the common property to the detriment of the family.
But there is such an option. Imagine that during the marriage you received a gift from your parents money, which you in turn purchased an apartment. It would seem that this is your personal property and you are its full owner. Nothing like this. The apartment was bought during the marriage and when the property is divided it passes as a general, that is, the other spouse has the same rights to the given apartment as you. It was necessary to give not money, but immediately an apartment, then it really would be your property.
One more example. The apartment was bought on credit. Mortgages are often issued for both spouses, as the incomes of one of them are often not enough. Banks understand that for those 20-30 years, while the loan agreement is valid, the family can also disintegrate. And so the banks insist on making a mortgage for both spouses. In this case, the apartment will be divided equally.
The next point is jurisdiction. Previously, cases of division of property were decided by magistrates, but now everything has changed. With such statements it is worth to apply to the district court at the place of residence of the defendant. Also, if there is an apartment in the structure of the dividend, then the application must be filed with the district court where the apartment is located, regardless of the place of residence of the defendant. It happens that there are several divisible apartments. In this case, you can apply to the district court of the area in which one of the apartments is located. Similarly, a lawsuit on the division of property may be concomitant, that is, attach to the application for divorce.
There is also such a thing as limitation of actions. Statutory prescription established by the legislation is 3 years since the official dissolution of marriage. And if you are late, and the property was registered in the name of another spouse, blame yourself. But the limitation period can be restored. Respectful reasons for this are severe illness of you (relatives) or lack of opportunity to go to court. And such reasons as "I did not know that there is such a limitation of actions" or something like that are not respectful.
And the last moment. The division is subject only to the property that is the property of the spouses. If you built during a marriage, what kind of unauthorized structure, whether it's a garage, a barn, etc. no court will divide it. Such structures are subject to demolition or legalization.
But still I wish you a long marital life, and that you would never face this problem. Good luck to you!
Tatyana Martynova , specially for the site