- What can a wife claim in a divorce?
- What can a husband claim in a divorce?
- Can you end up with nothing in a divorce?
- how to file for divorce with division of property
- How long does a property division court take?
- How much will property be divided in a divorce?
- Can I re-apply for division of property?
- How is the value of property to be divided determined?
- how to write a property division agreement
- What is the statute of limitations for property division claims?
- how many years after divorce can i apply for division of property
- who pays for the court in the division of property
- Is it possible to apply for the division of property in a civil marriage
- how to avoid division of property in divorce
- Is the donated property divided in a divorce?
- how real estate is divided in a pledge / mortgage or in an unfinished house
- Can a property division agreement be challenged in court?
- How long does it take to divide property after a divorce?
- What property is not subject to division in the event of a divorce?
- Can I sue for division of property while married?
- Is it possible to get a divorce and then apply for the division of property
- How are the interests of children taken into account when dividing property?
- How does treason affect the division of property?
- how debts are divided when property is divided
- What is better, a prenuptial agreement or a property division agreement?
- how to negotiate with a husband / wife on the division of property
- Is it possible to conclude an agreement on the division of property during marriage
- how much does divorce cost
The size of the shares of the property of the wife and husband
Most disputes arise due to the disagreement of the spouses with the size of the shares that pass to each during a divorce.
The size of the shares of the property of the wife and husband in the division of property (which is the object of the right of common joint property of the spouses) are equal, unless otherwise determined by an agreement between them or a marriage contract.
However, in practice there are often cases when one of the spouses did not take care of the material support of the family, hid, destroyed or damaged common property or spent such property to the detriment of the family's interests.
There are options when, after a divorce, children or disabled adult sons, daughters remain and live with one of the spouses, and the amount of alimony they receive is insufficient to ensure their physical, spiritual development and treatment.
We will help in resolving a dispute on the division of property to convince the court to deviate from the principle of equality of the shares of spouses.
Methods and procedure for the division of property
Methods and procedure for the division of property, which is the object of the right of common joint property of the spouses:
- is divided between spouses in kind;
- by court decision (if the wife and husband have not agreed on the procedure for dividing property);
- indivisible things are awarded to one of the spouses, unless otherwise determined by agreement between the spouses;
- things for professional activities are awarded to the spouse who used them in their professional activities;
If you do not want anything to connect you with your ex-spouse in the future, we will help you in court to obtain monetary compensation instead of your share in the right of common joint ownership of property, in particular, a residential building, apartment, land plot.
Encumbrances on property
You can also become a victim of a situation where, during the process of dividing property, the property that should go to you will be levied due to actions of your spouse (s), about which you did not know and could not know.
If you feel the threat of such a situation, we will provide you with detailed advice on all issues of foreclosure on property that is the object of the right of common joint property of the spouses, and, depending on your specific situation, we will help you avoid foreclosure on your share in the property.
Division of property in a civil marriage
The issue of division of property and the dispute related to such division may also arise if you are not in a registered marriage, but live in one family.
Note that if a woman and a man live in the same family, but are not married to each other or in any other marriage, the property acquired by them during their joint residence belongs to them on the basis of common joint ownership, unless otherwise established by a written agreement between them.
Regardless of whether you are married or living with one family, we will advise you and help you resolve any issues related to the division of property.
Unfortunately, it is far from always possible for spouses to resolve property issues peacefully. The process of dividing property can drag on for many years after a divorce, especially if such property is credited.
According to the legislation of Ukraine, the dissolution of a marriage does not terminate the right of common joint ownership of property acquired during the marriage.
The disposal of property, which is the object of the right of common joint ownership, after the dissolution of the marriage is carried out by the co-owners exclusively by mutual agreement.
Unfortunately, spouses rarely come to such an agreement, therefore, as a rule, representatives of the parties come to a general consensus faster and more efficiently.
Note that the wife and husband have the right to share the property (by mutual agreement) belonging to them on the basis of the right of common joint property, regardless of the dissolution of the marriage.
We will prepare an agreement on the division of a residential building, apartment, other real estate, as well as on the allocation of real estate to a wife / husband from the total property of the spouses.
