The property bought by the spouses in the marriage is, as a general rule, divided in half upon the dissolution of the marriage. But in practice it turns out that there are a lot of exceptions to this rule. On complex cases in the division of property in detail tells the head of the consulting agency.
Marriage is terminated, but there is a general estate. What to do?
Let’s say that the couple has already divorced, and the property has not yet been divided. On this they have three years. To file an action with a court, you need to obtain extracts from Real Estate for all real estate objects. This document is issued to any person through the MFC. In order to order an extract, it is necessary to have a passport with you, specify the address of the real estate and bring a paid receipt of the state duty (for the amount of 400 rubles). In this statement there is information on the cadastral value, with which you can calculate the amount of state duty. Also, to file a claim, you need a certificate of divorce, a court decision on divorce and some secondary documents. At the time of Separation Agreement this happens to be essential now.
Marriage, divorce and your property
Main disputes on the division of the apartment in the divorce
The court is already considering the issue of divorce and division of property under the suit of one of the spouses. How to build protection in order to preserve their property?
One of the spouses sued the other with a demand to terminate the marriage and divide the property. As a rule, such claims are preceded by some conflicts, so the claim may contain obviously unfair proposals for division. Thinking over the line of defense in court, it is necessary to determine with what property you are ready to part (with the condition that you receive monetary compensation), but for what it is worth fighting for. The defendant has the right to object in court and bring a counterclaim, in which he will offer his vision of how to divide property. As part of the process, it will be necessary to present the missing documents regarding the joint property to the court. However, the defendant must remember that some documents in court can well harm him. Using the Power of Attorney Form happens to be important here.
One or both spouses have personal premarital possessions. Who can claim what?
If you have real estate purchased before marriage (it does not matter if you lived together before marriage or not), then such property is not subject to division between spouses after the dissolution of the marriage. The exception is the mortgage housing, but this will be discussed below. Everything should be done in right way now. All the Legal Forms are available here.