DIVISION OF PROPERTY UPON DIVORCE ✅ FAMILY ✅ SERVICES

The lawyer orally ascertains the circumstances and determines whether or not the service can be provided. If this service is available, the lawyer prepares and draws up a contract with the client, which is included in the cost of the stage. If the service cannot be provided, the payment of this stage is included in the cost of the consultation and is not refundable.

The lawyer describes the facts of the case, makes a legal and regulatory justification, analyses the court practice and writes the claim, and, if necessary, drafts the lawyer’s requests for the purpose of determining the owner of the property or the date of its acquisition. The lawyer determines the amount of the joint property and advises the client.
The second phase results in a prepared statement of claim.

The lawyer and the client verify that there are exemptions from the court fee. The lawyer, in agreement with the client, sends the generated receipt for payment of the court fee to the bank or sends the electronic form for payment of the court fee to the bank or sends the electronic form for payment of the court fee online. After payment, the client sends a receipt to the lawyer for payment. The lawyer sends the claim to the court, supervises the legal process and represents the client’s interests in court during the consideration of the case of division of matrimonial property.
The result of this phase is to obtain the full text of the judgement.

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Division of property upon divorce

Divorce is a rather difficult process. This applies to both emotional and legal aspects. It is not always possible to reach an agreement on the divorce itself. And disputes over the division of property between spouses can generally complicate the process. In order not to find yourself in a circle of constant disputes and endless court hearings, to protect your rights and speed up the procedure, you should contact qualified lawyers.

Distribution of property in divorce: what the law says

All processes related to divorce are regulated by the Family Code. Division of marital property after divorce is not an exception. By default, all things acquired by a couple during marriage are considered joint property. In addition to personal items (clothes, hygiene products). According to the legislation, all property must be distributed equally between the partners. But in fact, there are often disputes about this. Someone believes that he has made a significant contribution to his partner, and therefore has the right to a larger share of the property. And some do not want distribution at all.

Legislative norms provide for the following rules regarding marital property:

● all things acquired in marriage are considered common and must be divided equally;

● property can be divided without court by concluding an agreement among themselves;

● if there are disputes regarding the division of the joint property of the spouses, the decision shall be made by the court;

● things that cannot be physically divided are awarded to one of the spouses;

● things that are intended for carrying out professional activity are transferred to the partner who performs this activity;

● property is divided equally, even if one of the partners did not work during the marriage;

● property can be divided between spouses during or after a divorce;

● it is possible to start the division procedure within three years (the statute of limitations);

● the statute of limitations is not calculated from the fact of divorce, but from the date when one of the spouses became aware of the violation of their own property rights.

How the property of a spouse is divided after a divorce

The procedure for dividing property during and after a divorce is not much different. The procedure itself, at first glance, is simple. It consists of the following stages:

● collection of information about available property;

● preparation of documents;

● collection of evidence;

● making a lawsuit;

● submitting an application to the court taking into account jurisdiction;

● case consideration;

● making a decision;

● transfer of the decision to the executive service.

Many legal nuances and procedural subtleties must be taken into account during the division of property after divorce in court. An experienced lawyer will help you not to make mistakes and protect your rights.

How property is divided after divorce

As indicated above, all property acquired during the marriage is subject to division. It is worth remembering that not only assets are subject to division, but also credit and debt obligations. According to a court decision, two types of section may be applied:

1. Actual. For example, if a spouse owns a house, a plot of land and a car, the court can decide that the house goes to the wife, and the land and car go to the husband.

2. Monetary. When the property cannot be divided, one of the spouses receives monetary compensation. For example, if there is only one house in the property, then it can be awarded to the wife on the condition that she reimburses the husband for half of the value. Monetary compensation is also awarded when one of the partners sold joint property without the consent of the other.

Not all things acquired during marriage can be divided. Not subject to division:

● all property acquired by one of the partners before marriage;

● wealth received as a gift or as an inheritance;

● things purchased with personal funds;

● real estate obtained as a result of privatization;

● insurance payments;

● precious jewelry;

● awards and bonuses for personal achievements;

● things for personal use.

Division of property after divorce if there are children

In some cases, if there are children, the court can increase the share of the partner with whom they remain. But this is not a mandatory condition. According to the law, the division is carried out in equal shares, even if there are children.

That is, division occurs only between spouses. Children do not take part in it. If the partner with whom they stay claims a larger share, he must prove the necessity of this step. That is, to justify why the court should deviate from the principle of equality. And, of course, you can't do without a lawyer here. Only a specialist can prove the necessity of providing a larger share.

Advantages of contacting a divorce attorney:

● deep analysis of the circumstances of the dispute;

● thorough consultation;

● collection of necessary evidence;

● preparation of all documents;

● support of pre-trial agreements;

● representation of interests in court;

● legal support at all stages of case consideration.

How to draw up a property division agreement

The contract is concluded in writing. If we are talking about the division of real estate, the document must be notarized. In other cases, we can do without it. But in order to avoid disputes in the future, it is worth notarizing the agreement even on movable property. After all, without this, the document does not have full legal force.

The contract must be drawn up directly by a specialist. Thus, in order to conclude a contract, you need to contact a lawyer with the following package of documents:

● passports of spouses;

● marriage or divorce certificate;

● if there is a marriage contract;

● documents confirming ownership of each object of immovable or movable property subject to division;

● certificate about residents registered in the building (to check the absence of property rights of third parties).

Distribution of property simultaneously with divorce

Property distribution can be started even while married. If the spouses do not actually live together, but have not yet legally established their status, let's take care of the separation in advance.

In many cases, a claim for property division is filed simultaneously with an application for dissolution of marriage. Or immediately after initiation of divorce proceedings. And even after receiving a court decision on termination of marriage, you can file a claim for property division .

Distribution of property after divorce or during the process is a complex and troublesome procedure. To avoid risks during the case, contact qualified lawyers. Only a specialist will help you defend your rights and avoid financial losses.