In the separation of property acquired jointly during the period of residence, disputes may arise. What usually causes these disputes? Former spouses often cannot figure out which property is shared and which is personal. What value, what part should belong to everyone. Against this background, the division of property after a divorce presents some difficulties.
In view of the fact that the trial involves the division of property (and it can be a very large amount), the significance of the dispute is very high.
Let's figure out what a division of property is. This is a legal event during which material assets acquired by two people during an official marriage and cohabitation are divided equally. The basis is a statement to the court written by the spouse or spouse. Section can be carried out both during the period of married life, and after it, when one of the spouses goes to court in order to recover the share belonging to him.
As a rule, shares are considered equal, but there are some difficulties. The court has the right to appoint one of the shares more if it concerns the interests of minor children.
The division of property after a divorce can be done in two ways. The first is going to court, and the second is a voluntary arrangement between the spouses.
In this section of legal law (family law), non-standard and controversial situations are considered quite often, since spouses cannot always solve this problem without the intervention of lawyers.
In many countries, a marriage contract is drawn up during marriage , which describes all the nuances that may arise in a divorce. In our country, such agreements are still exotic, so it is difficult to avoid meeting with a lawyer and a judge, you will need qualified help.
By hiring a lawyer, you will receive services such as providing the necessary advice on how to divide property after a divorce in court and without it. Assistance in the preparation of a statement of claim, the collection of information and documents relating to common property. The lawyer will be present at all court hearings, both with the applicant and without him. He will receive the result of the trial and pass it on to the plaintiff. Accompanying at all stages of the execution of a court sentence is also his responsibility.
In order to avoid court proceedings, there must be good reason for voluntary ownership of the property. It has been proven by experience that in order not to go to court, the following documents are needed: a marriage contract and a contract that includes not only the procedure, but also the term for the division of property after a divorce, allowing you to leave peacefully.
These documents contain all the items that take into account the interests of each spouse, and in addition, those factors that are of great importance in the divorce and division of property. A controversial situation can also be resolved with the help of a hired qualified lawyer.
In Russia, a marriage contract is usually not signed at the time of registration of marriage, so the procedure for sharing property most often occurs in court. Of course, there are already precedents when the division of property after a divorce was carried out according to a prenuptial agreement. But there are few such examples.
During a divorce, each of the spouses, as a rule, applies for most of the property. To solve these issues, an expert examination is applied, which establishes how much material or other values should be shared.
The apartment is the main subject near which various disputes arise. Since housing has a cost greater than any other item, many questions arise.
Personal property can be considered:
- an apartment if it was purchased before marriage by one spouse. Also the division of property after a divorce will not affect the interests of one of the spouses if the apartment was donated or inherited;
- things, although acquired in marriage, if they are intended for personal use;
- awards, bonuses awarded to one spouse for personal achievements.