AZE.US
Money accumulated by spouses during marriage, including bank deposits, account balances and even funds kept on salary cards, is generally treated as joint property in Azerbaijan and may be divided during divorce. Disputes over such assets remain among the most common flashpoints in family cases.
Under Articles 32 and 33 of the Family Code, property acquired during marriage is considered the joint property of the spouses regardless of whose name is on the account or deposit.
Lawyers say this rule applies not only to traditional bank deposits, but also to money held in regular bank accounts and on salary cards. In other words, the form in which the funds are kept does not change their legal status.
A key issue in such disputes is the status of the assets at the time of divorce. If the money was on an account when the marriage effectively ended, the other spouse may seek a share of it even if the funds were later withdrawn.
After divorce, each former spouse has three years to file a court claim for the division of property and seek up to 50% of assets registered in the other spouse’s name. The same rule applies to money held in bank accounts.
Although equal division is the basic principle under Azerbaijani law, not all assets are automatically treated as joint property. Some funds may be recognized as personal property and excluded from division.
Additional clarity came from a March 12, 2024 decision by the Plenum of the Supreme Court of Azerbaijan. Under that position, if one spouse can prove that property acquired during marriage was purchased using proceeds from the sale of his or her personal property, that asset may be excluded from division.
Personal property includes assets received as a gift or through inheritance. That rule applies to both movable and immovable property.
Banks themselves do not resolve disputes over joint ownership. Their relationship with the customer is governed by the account or deposit agreement, while questions about who owns what share are decided by the courts.
Lawyers say the most effective way to avoid such disputes is to sign a prenuptial or marital agreement in advance. Such a contract can determine how money, deposits and other property will be divided in the event of divorce, reducing the risk of a court fight later.
AZE.US