The main specialization of our law firm is divorce and the division of joint property of spouses.When conducting cases on the division of spouses' property, we guarantee our clients.
If you have not yet made an unambiguous decision, you can familiarize yourself with some aspects of the division of property from our judicial practice.
- Comfort - when conducting a case without the client's personal participation (optional) in court;
- Confidence - that when protecting the interests of the client, all legal possibilities provided by law will be used;
- The predictable result - already at the stage of concluding an agreement with us, our clients understand what they can count on as a result of a legal dispute.
- Reasonable price of legal services - is determined by agreement of the parties and can be set depending on the result obtained.
- You can contact our Russian divorce lawyers now.
Most likely, this is not the first site you visited in search of a lawyer and information about the division of spouses' property in court. Therefore, you already know that all property acquired in marriage is divided equally, in accordance with the Civil and Family Codes of the Russian Federation. And there seems to be nothing to argue about.
Despite the seeming simplicity, in litigation about the division of property, former spouses argue on a huge number of aspects from what property is considered jointly acquired and with what money it was acquired and ending with disputes about who will get it as a result of the division, and what compensation in monetary terms will be paid to the spouse who received a smaller part of it.
In such a situation, independent participation in the trial becomes extremely difficult, because you need to understand the numerous features of the process. That is why we recommend contacting our Russian speaking divorce lawyers, for legal aid.Let's take a closer look at the possible scenarios for the division of property in the course of a family dispute in court.The first thing
the spouses begin to argue about is what property is considered jointly acquired
. This discussion can unfold about any property that spouses have - apartments, cars, summer cottages, garages, etc.The most common option is Gifts.
In accordance with the law, gifts received by spouses in a marriage are their personal property of the person to whom they were presented.
So during litigation, for example, the following version arises the money for a car (or for an additional payment when exchanging an apartment purchased in marriage) was given to me by my parents. This version has the right to exist and will have to be verified by the court. In fact in court everything is not so easy to prove, and gifts will have to be proved, however, as well as the opposite.
Another option the property was purchased in marriage, but with the personal funds of one of the spouses, that is, earned by him before the wedding.
The spouses bought a car in marriage, but the purchase was made at the expense of the personal funds of one of the spouses, acquired by him before marriage. The owner of such a car is considered to be the one with whose money (acquired before marriage) it was purchased. There are such options - for example, the spouse says we bought an apartment in marriage with the money that I rescued on the same day from the sale of my apartment inherited from my parents. Judicial practice on the division of property in such cases is different and depends on the evidence presented by the parties.
It is clear that if an exchange agreement was concluded (which is extremely rare), then the truth will be on the side of the spouse who received the inheritance. And if there was a sale and then purchase with a break in time, then it will still be necessary to prove that this is exactly the money. For example, if the money was transferred immediately from the account from the sale of the old apartment to the account of the sellers of the new apartment, then everything matches. And if, for example, the money from the sale of an apartment was received by a receipt, then how can we now establish that it was with this money that the apartment was bought in marriage.The second
question that spouses argue about during divorce and division of property is the price of the property. This is an important issue because when transferring property to one of the larger, the second must be paid compensation. How to determine it - of course, based on the market value.
For example, you decide to devide an apartment in court. It is obvious that it is impossible to divide it in kind (even with the help of a lawyer for the division of property). You have a question, who will get it. If you get it, then you need it to cost a little so that you can compensate your second spouse less money. If the apartment is transferred to a second party, then you would like it to be assessed more expensive in order to recover from the defendant more compensation for your share.
Judicial practice on the division of property is as follows, for example, the plaintiff presents a certificate of the value of the apartment (such as you need), however, having read it, the defendant does not agree and the court appoints a forensic examination of the value of the property. As the result of the forensic examination (which, as a rule, is in the middle), the court will form the basis of the decision. Thus, the parties incur additional costs (because the losing party pays for the forensic examination) and waste time. We, from our side, always urge negotiating.The third question
that increasingly arises when dividing property is debts.
By law, debts must also be halved. Sometimes in the process, IOUs from individuals «appear». The wife, for example, claims to share the car and asks to collect in her favor 1 out of 2 million for the jeep that they bought in marriage and which remained with her husband. And the spouse suddenly brings a receipt and says that the money for the car was borrowed from a friend.
We have listed just some problems that may stand in your way when dividing your property in court. At the same time, the lawyers of our office have been dealing with divorce proceedings for over 10 years, including the division of property.
If we talk about the trial itself, then in most disputes about the division of property, spouses involve witnesses who remember exactly that it was 5-10 years ago and tell this to the court. The courts, however, treat the testimony of such witnesses differently.We hope that this information will help you in resolving a family conflict. If you need legal assistance from a lawyer for the division of property, contact us, because family disputes for our Moscow lawyers and lawyers in other regions are our main specialty.Also we can help, if you need: divorce lawyer, family lawyer, paternity lawyer, paternity attorney, child support lawyer, alimony lawyer, marriage contract, property division lawyer, international marriage lawyer.Tel:
+7 909 961-19-09Email:
Moscow, Zubovskiy bulvar, building 4, room 308