The services of a specialist who is competent in matters of division of property can be used at different stages of family life. The property that is jointly owned is divided both during the existence of the marriage and during the period when family life collapses and the spouses are in the process of dissolution of the marriage.
You can share property at different stages of life together and after a divorce.
There is a general formula that guides the law, according to which all property that the spouses have acquired in a joint marriage must be divided in half.
A lawyer who is a professional in property division cases can provide the necessary assistance and advice, which can be both in writing and orally.
A lawyer who specializes in the problem of division of property can represent the interests of the spouses in court and take actions to protect property interests in court.
You can be sure that a lawyer will provide competent assistance in recognizing your right to property if it was given to you in marriage, or left in inheritance. A lawyer knows how to protect your property rights if the property acquired during the marriage was purchased through the personal investments of one of the spouses. If the spouses lived separately from each other for a long time and only after some time decided to file for divorce, then a lawyer will help recognize the right to your property that was acquired during the separation.
You can safely entrust a lawyer to protect your property rights, he can ensure that the shares of property that may be in the hands of spouses during a divorce are increased or decreased.
And most importantly, the specialist will advise and help collect the documents that must be submitted in court, which will save your time and mental resources.
It is necessary to remember and know that the property that was acquired by each of the spouses, when their marriage almost no longer existed and they lived separately from each other, is not subject to being divided.
Also, the property that was issued to the husband or wife as a deed of gift or written a will is not divided.
But, when the spouses have a mortgage or loans, they are necessarily divided between the spouses.
The Family Code regulates the property rights of spouses. Thus, article 69 states that a husband and wife have the right to share the property that they acquired in their joint life. And Article 68 warns that the dissolution of a marriage does not terminate the joint use of property that was acquired by spouses in marriage.
At the time when the spouses decide to apply to the court for the division of property, they must determine among themselves what property they can share. And they can share only the property that was acquired by them in a joint marriage. What was acquired by them before the formalization of relations, even if they lived together for some time, does not belong to the section. Also, the property that was received by each of the spouses as an inheritance or that was donated is not divided.
Therefore, if you want to insure against unexpected situations in advance, then you need to draw up wills or deeds of property, then it will remain with the one you really want to leave.
Naturally, things that were in personal use remain the property of the person to whom they belong. This list does not include luxury items. They are subject to division.
If the divorced have valuables that they received as a gift or in individual transactions, then they remain with their owners.
Spouses can have children and things that were purchased personally for the children, even if they have value, cannot be divided. These things remain to that of the spouses. with whom the children will live after the divorce of their parents. Also, contributions made by parents in the name of children are not divided.
So what can be shared?
What is the subject of the section?
Common wealth is the legacy of the spouses, which can be both movable and immovable, and which the spouses acquired with common finances during their life under one roof. The subject section also includes values, contributions, there may be shares in commercial organizations. The name of the owner does not play any role.
There may be a situation when a husband or wife, having earned money, improved the property of the other spouse. In such a case, it may begin to be regarded as the common property of the family, because the value of such property is now greater than it was before the improvement.
The division of property between spouses is described in the Family Code. Article 71. Spouses may not agree among themselves who will own what after the divorce, then these issues are resolved in the courtroom.
The property is divided directly. If it is an apartment or a house. then, as a share, one of the spouses can be provided with monetary compensation for his share. Such questions are always within the competence of an expert who takes into account the value of real estate.
There are frequent cases when one of the parties to the division proves that he has made significant repairs to the property, or received real estate as a gift or valuables purchased with money that he earned before marriage. Such facts and evidence are considered in the courtroom. In this case, the case may include the testimony of witnesses of the parties, evidence in writing, as well as the conclusions and conclusions of experts.
If you nevertheless find yourself in a situation where life is collapsing and it is required not only to break off relations, but also to share material wealth, then the best way out of such an everyday typhoon is to provide care for your interests to an experienced lawyer.
