Article 201 of the RA Civil Code defines the common property of spouses. It provides. “Property gotten by spouses during marriage is in their joint ownership unless otherwise provided by law or a contract between them establishes otherwise.”
The RA Family Code, in turn, defines the order of considering the disputes between spouses arising during the divorce. According to it:
1. While getting divorced by judicial procedure or in the Civic Status Registration Departments the spouses may present to the court an agreement on who the children will live with, the procedure of meeting the living expenses of children and/or vulnerable incapable spouse, the amount of these expenses or the distribution of the common property of the spouses.
2. In case if there is no agreement between the spouses the court is obliged to:
a) decide who the children will live with after the divorce;
b) which parent will pay alimony and what will be the amount;
c) implement the distribution of the common property of the spouses by the requirement of one/both of them;
d) establish the amount of the assistance with the requirement of the spouse who has the right to get assistance from the other spouse.
3. If the property distribution touched the interests of the third party, the court can separate the requirement on property distribution as a separate case.
