Article 28. Determination of shares in the division of the common property of spouses

When dividing the common property of the spouses and determining shares in this property, the shares of the spouses shall be deemed to be equal, unless otherwise stipulated by the marriage contract concluded between the spouses.

The court may deviate from the principle of equality of shares of the spouses in their common property on the grounds of the interests of minor children and (or) proceeding from presence of a noteworthy interest of one of the spouses, particularly in cases where the other spouse has not received income for invalid reasons or has spent the common property of the spouses to the detriment of the interests of the family.

When dividing the common property of the spouses, the common debts of the spouses shall be distributed between the spouses in proportion to the shares awarded to them.

If one of the spouses spent common property at his/her discretion against the will of the other spouse and the interests of the family or has transferred it to another person, this property or its value shall be considered during the division.