A claim for division of marital acquest may be declared within the limitation period. The limitation period for the marital acquest division is three years from the date of termination of the marriage. To prove the right to a share in common property, you must file a claim in court no later than three years from the date of divorce. Upon the expiration of this period, the defending party has the right to make an application of limitations statute. The claim for the division of property will be refused if 3 three years have passed by the time the claim was filed. the reason will be in the omission of the time limit.
How to count the time limit?
The time limit starts from the moment of making an entry in the registry office on divorce. However, there are more complicated cases, when the spouses divorced, but continued to live together for more than three years. Thus, a situation arises that the marriage was officially dissolved, for example, 5 years ago (three years have already passed for filing a claim for division). In fact, the injured party was “kicked out of the apartment” only now. Previously, the spouse did not file a claim due to the fact that there was no reason for this - he lived in an apartment and his rights were not violated in any way. The fact of cohabitation will need to be proven in court. If a party proves that the actual marriage relationship ended much later than the official dissolution of the marriage, then the court will count the limitation period from the moment of termination of the marriage. The moment from which the rights of the applicant were violated is more important. For example, the marriage was dissolved in 2010, the apartment is fully registered to wife, but the wife turned out her ex-husband out of the house in 2016. Eviction from apartment is the moment from which the rights of the ex-husband are violated. From 2016 the statute of limitations period begins.
Procedural proof of such cases is a rather painstaking work and requires considerable experience from a lawyer in such cases. Our law firm specializes in supporting divorce proceedings in court and the peaceful settlement of such disputes.
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