Complaint for the division of joint property
Divorce has become commonplace in the judicial practice of Ukrainian courts. The statistics of divorce under martial law has also changed, and if marriage has grown several dozen times, then divorce has become a fairly popular service.
In particular, the issue of dividing common joint property is quite relevant, even in times of war. As you know, at the conclusion of a marriage or during the period of being married, the issue of the division of common property can be fixed by an agreement on the division of joint property, and is also partially regulated by a marriage contract.
However, quite often there are situations in which the couple did not sign either a marriage contract or an agreement on the division of joint property. At such moments, it is necessary to apply to the court with the appropriate statement of claim. Our experts have already prepared answers to frequently asked questions!
If it is necessary to draw up an individual statement of claim for the division of the common property of the spouses, we recommend using the legal services service Consultant to order a turnkey document.
When is it necessary to file a claim for the division of the common property of the spouses?
If the couple has already dissolved the marriage and has not previously agreed on the division of property, in order to resolve this issue, it is necessary to apply to the court with a statement of claim on the division of the joint property of the spouses.
To file such a claim, each of the divorcees has three years from the date of the dissolution of the marriage to file such a claim. In this case, it is necessary to sue at the place of registration of the defendant. An exception to territorial jurisdiction may arise if there is a question of dividing the real estate of the divorced. In this case, it is necessary to sue the court on the territorial affiliation of real estate.
Before drawing up such a claim, experts recommend that you first obtain professional advice from a family dispute specialist in order to find the best solution. However, if the decision is made, carefully consider the preparation of the statement of claim, because the procedural documents require special attention.
Our specialists also pay attention to the actual dates of termination of marital relations indicated by you. This date can have a significant impact on the process for the distribution of common joint property.
What to look for when drawing up a statement of claim for the division of common joint property?
When dividing joint property, it is important to clearly articulate the subject of the claim, that is, the property of the couple itself, which must be divided. At the time of the division of property, the following categories of objects must be taken into account:
Things belonging to the spouses on the basis of common joint ownership;
Spouses' creditor claims;
Debt obligations of spouses.
The distribution of the property of the couple is made taking into account the value of things belonging to the spouses on the basis of common ownership and the amount of their debt obligations and creditor claims.
The procedure for dividing the common property of the spouses can be divided into two stages:
The court determines the size of the particles of men and women in the right to property;
The court carries out the division of property in accordance with the established shares.
Also, in addition to other attachments and copies to the statement of claim, it is necessary to add materials confirming the existence and value of the common property of the spouses. These can be copies of receipts, checks, etc.
If it is necessary to analyze the statement of claim for the division of the joint property of the spouses or the development of an individual document, we suggest using our legal services service "Consultant". Our experts will be able to best assist in the preparation of the document, and if necessary, create a completely new one in accordance with your situation.
Template of a statement of claim for the division of the common property of the spouses
The best lawyers in the field of family law are ready to provide appropriate advice! We offer high quality services with comfortable service.
It has become much easier to purchase a sample statement of claim for the division of the common property of the spouses! You can upload a document in a few simple steps:
Download the mobile application "Consultant";
After a short registration, you can find the required document in the "Documents" section;
By clicking the "Buy Template" button, you will immediately receive a link to download the document.
