Division of property after divorce

Divorce is always a difficult period, accompanied not only by emotional turmoil, but also by numerous legal issues. One of the most important and sensitive aspects is the division of jointly acquired property. This process can be fraught with many nuances that, without proper legal support, can lead to lengthy disputes, financial losses, and emotional burnout. The ADVICE law firm will help you navigate all the intricacies of this issue and protect your interests.

Key nuances of property division

Determining the joint property of spouses:

What is subject to division? Joint property includes everything that was acquired by the spouses during the marriage, regardless of whose name it was registered under. This may include real estate (apartments, houses, land plots), vehicles, cash, bank deposits, securities, shares in the authorized capital of enterprises, jewelry, household appliances, etc.

Exceptions: The personal private property of each spouse is not subject to division. This includes property acquired before marriage, received as a gift or inheritance, as well as items for individual use (e.g., clothing, personal items), even if they were purchased during the marriage with joint funds.

The principle of equal shares:

As a general rule, the shares of each spouse in the joint property are considered equal. However, this principle may be changed by the court under certain circumstances, for example, if one of the spouses evaded participation in the maintenance of the family, concealed income, or in connection with the interests of minor children.

Determination of the value of property:

The valuation of property is critically important. It is often at this stage that disagreements arise. It is important to conduct an objective assessment at the time of the case review, involving qualified experts.

Division of debts:

The spouses’ joint debt obligations are also subject to division. It is important to prove that the credit obligations were taken on in the interests of the family.

Features of the division of certain types of property

Real estate: Can be divided in kind (if possible), sold with subsequent division of the proceeds, or one spouse may receive ownership with compensation paid to the other.

Business: The division of corporate rights and shares in enterprises requires a deep understanding of corporate law and can be very complex.

Unfinished construction: Has its own peculiarities in terms of valuation and distribution.

Statute of limitations:

It is important to remember the three-year statute of limitations, which begins not from the moment of divorce, but from the moment when one of the spouses learned or could have learned about the violation of their right to joint property.

Statute of limitations:

It is important to remember that the three-year statute of limitations begins not from the moment of divorce, but from the moment when one of the spouses learned or could have learned about the violation of their right to joint property.

Why should you seek legal assistance from ADVICE Law Firm?

The division of property is not just a legal procedure, but also a field for emotional manipulation and biased decisions. Turning to the experienced lawyers at ADVICE Law Firm will provide you with the following advantages:

• Expert assessment of the situation: We will analyze your specific situation, help determine the total amount of joint property and personal private property, and assess the prospects of the case.
• Strategy development: Our specialists will develop the optimal strategy to protect your interests, taking into account all possible risks and ways to minimize them.
• Pre-trial settlement of disputes: We make every effort to resolve the conflict peacefully through negotiations and the conclusion of a notarized property division agreement. This will save you time, nerves, and money.
• Representation in court: If legal proceedings are necessary, our lawyers will professionally represent your interests at all stages of the process, from preparing the statement of claim and gathering evidence to participating in court hearings and monitoring the enforcement of the court decision.
• Protection against concealment of property: We will help you identify and prove the concealment of property by one of the spouses, as well as take measures to seize such property.
• Saving time and nerves: By entrusting the case to professionals, you free yourself from the need to deal with complex legal procedures, document collection, and litigation on your own.
• Maximum protection of your rights: Our goal is to achieve the most favorable outcome for you by ensuring a fair distribution of property in accordance with applicable law.

Divorce and property division are not situations where you should rely on chance. Professional legal assistance from ADVICE Law Firm is a guarantee of the protection of your rights and a peaceful future. Contact us and we will help you navigate this difficult path with minimal losses.