Divorce is a very time-consuming and emotional process. Unfortunately, most often this already complicated process is accompanied by the division of marital property.

The legal basis for the division of property in the event of divorce in the Republic of Armenia is established by the Civil Code of the Republic of Armenia and the Family Code of the Republic of Armenia. It should also be noted that property can be divided according to the marriage contract concluded between the spouses.

Let’s consider how this issue is regulated by Armenian law.

Article 26 of the Family Code of the Republic of Armenia stipulates that relations related to the common property of spouses are regulated by the Civil Code of the Republic of Armenia, as well as by the marriage contract concluded between the spouses.

Article 201 of the Civil Code of the Republic of Armenia defines what is considered to be the common property of spouses. According to this article, the following are considered to be common property:

• Property acquired during the marriage,
• Property of a certain spouse, in which significant investments were made during the marriage at the expense of the common property of the spouses or the personal property of the second spouse, as a result of which the value of this property increased significantly (for example, a major repair of the apartment was carried out, due to which its value rose from 70 thousand dollars to 110 thousand dollars).

What is considered the personal property of spouses? According to the same article, these are:

• Property owned by the spouse before the marriage
• Property received by one of the spouses during the marriage as a gift or inheritance,
• Property for individual use, despite the fact that it could have been acquired at the expense of the common funds of the spouses (this provision does not apply to jewelry and luxury goods).

How does the process of dividing property take place?

The methods of dividing property between spouses are regulated by Article 17 of the RA Family Code. There are 2 ways to divide property:

1. In the bodies carrying out the state registration of acts of civil status (ZAGS), if there is an agreement between the spouses,
2. In court, if there is no agreement between the spouses.

Also, the method of dividing property is considered to be division under a marriage contract.

In most cases, the common property of the spouses is divided equally between them, but this rule can be violated. The court may give preference to the spouse with whom the children remain in order to protect the interests of the minors.

If you are going through the process of divorce and you need to divide your property, contact Vardan Khechyan’s office for qualified legal assistance.

☎+374 33 311 00 

✉vardan@khechan.com 

🏢 0002 Yerevan, Yekmalyan str. 6, floor 2

🔗 https://www.armenianlaw.com/

Tg: @VardanLaw