Property division attorney
The division of marital property in court is a long and expensive procedure, since it is associated with a significant amount of court costs in the case. For this reason, a property division lawyer should explain to the potential party of the dispute the possible prospects of the trial, as well as indicate the alternative options for the division of marital property.
Marriage contract between spouses
If both spouses are still married, then one of the out-of-court methods of dividing the marital property is to conclude a marriage contract. Among other things, the marriage contract may contain the procedure of the property division; a list of specific property that will belong to a particular spouse in case of divorce; conditions for changing the regime of property and etc. The subject of a marriage contract may be property acquired by the spouses prior to the conclusion of the contract. In fact, in the marriage contract, the spouses can determine the fate of all their property.
Property division agreement
An agreement on property division may contain conditions regarding the division of property, as well as provisions on the rights and obligations of spouses to transfer property, pay monetary compensation and etc. When the part of property is transferred to one of the spouses, and its value exceeds his share in marital property, the other spouse must be provided with monetary or other compensation. In particular, as compensation, one of the spouses has the right to transfer into ownership not only money, but also property acquired by him before marriage.
The marriage contract and the property division agreement must be notarized. As a rule, the marriage contract is concluded between the spouses while they are married, and the former spouses can also conclude an agreement on the property division. Property division attorney will explain the specifics of the legislation in the mentioned sphere, prepare drafts of a marriage contract and an property division agreement, represent the client's interests before a notary, as well as in state bodies and organizations in the process of legalizing agreements reached with a notary.
In our practice often spouses, being in the process of litigation, find the strength to resume a constructive dialogue and return to the negotiation process. Often a mediator, an independent party, who helps the parties of the conflict to come to an agreement, allows to establish a dialogue. If the spouses decide to seek help from a mediator in the division of property, then they have the right to submit to the court a copy of the agreement on the use of mediation and file a petition to leave the claim without consideration. In case of satisfaction of such petition, the state fee paid is refunded by court.
Division of property in court
If it was not possible to reach an agreement out of court, the parties have the right to initiate court proceedings. For claims on the division of property a three-year limitation period is established. Property division lawyer will prepare a statement of claim, calculate the amount of the state fee for filing an application, prepare a package of documents necessary for the court, and also ensure the representation of client's interests in court.
Dividing the apartment in court
As a general rule, the property of the spouses is divided equally. The court has the right to deviate from the principle of recognition of shares as equal. For example, the share of one of the spouses can be increased if the other spouse avoided work or spent common property to the harm of family interests. In addition, the share of one of the spouses can be increased if the children remain with him after the divorce.
Dividing the car in court
The most common question in divorce cases: how to divide the car purchased during the marriage? Obviously, based on the principle of equality of shares, the court must transfer 1/2 of the car's share to the ownership of each of the spouses. At the same time, in practice, such a procedural decision is rather difficult to enforce.
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